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Smt Indiramma vs B M Arase Gowda on 20 August, 2010

Karnataka High Court
Smt Indiramma vs B M Arase Gowda on 20 August, 2010
Author: Jawad Rahim
IN THE HIGH COURT OF KARNATAKA AT BANGALORE .
DATED THIS THE 20"' DAY OF AUGUST 2010 A A
BEFORE

THE HON'BLE MR. JUSTICE JAWAD RA1+H'i'\'/i= 7).   A

  

MFANo.12052/2o07uvm j;   '  A
BETWEEN   ' *

Smtlndiramma,

W/0.Seshegowda,

Aged about 54 years,

R/aflevalakere,

Saka1eshpuraTa1uk, -. V  :   
Hassan District.  V  --  "  .A;pp.'e-llant

(By Sr}. K Venkate--Vfi3rr9_\2s?t:ié::2?1.'. Ariv__.)   if; . A

1.

B M ‘Ara’s’e’ff-G§1wda.._ — ‘ ‘
S’/Q. Manj e_ G.owd’a__,’ ” ‘ «
Aged,ab0ut._62ye.§Li”s,

; ‘ Coffee Planter, ”

” R] a .Banke11.ah.al1i,

Moodigere Taluk,

” _ Céhfigimagalur District.

‘ The Oriental Insurance Co. Ltd.,

— its; Manager, Branch Office,
* K”;M Road, Hanumanthappa Circle,
C3’hi}.-irnagalur. ..Resp0nc1ents

.’ A Ravishankar, Adv. for R2]

This MFA is filed under Section 173(1) of the M V
Act, praying to enhance the compensation suitably as
claimed by the appellant in MVC No/129/2002 on the
file of Additional District Judge and Motor Accident
Claims Tribunal at Chikmagalur dated 1 1.6.2007}-.._4

This MFA coming on for admission

Court passed the following:

JUDGl1fiEl\l_’f” .1, .; A

This is a claimants_appeal*ag’ainst_the

A dated 11.6.2007 in MVC 1\1a.§§<i29/2O'02ip_i"pas§le§d by the A

Additional MACT seel$:ir1«g e-nhancfirteiit.

2. The a_ppellant before the
Tribugnalll suffered on the

plea on at 11.00 p.1n. while he was

travfellingli’11._:la’»j.eep’- bearing Regn. No.KA-18:M 1931,

‘l V. all’eging that thehdritrer had driven the vehicle in a rash

1 land’ “negligentvernanner with excessive speed and the said

Vehicle’ ‘capsized, consequent to which she suffered

.inj_uries: She sought compensation on the plea of

if ‘._pl1y’sical disability suffered by her.

3. As could be seen from the evidence on record, the
injuries suffered by the claimant in a motor vehicle

accident is not in dispute. Having exam_inVed_:ll~the

records, I am satisfied that the

established that she suffered the followir1glliri;iii;rie’szp”‘

eaaid 303;? K3Jac°d’&£JOcI5 3498.399.
c§)C§%U@} 2.30356′ ra?dcZ?e;_). » _’
mange mp 302355 2
iixaoaaci cJe1>23rUc°§; é3–12 a5(t;e1$’2apyl’a5.1n§cfino3a59fis’g,l}
zoazgaricj :oc°e?a$ scat; a¢éc:$a£§;e’c*fi§§g_,

<.J1;iAS.oi_'\3:"

4. The appellant is suffered 40%
physical ofillowerl li”rnbl’:–and..l:l20% of the whole
body.’.,_ was agriculturist and she
lost her ~regu1ar- to physical disability, she

soughlt acompensatioin. The injury suffered by the

. appel]ari.t,,vvhich according to doctor, has caused severe

physiclallllliinpairment in functioning of the lower limb is

~V evidentflfroni the evidence on record. Due to the said

she may not be able to work as agriculturist.

Tribunal has awarded Rs.20,000/« towards pain

“and suffering and Rs.10,000/– towards medical

R

4
expenses. The award towards pain and suffering of

Rs.20,000/– is on the lower side, which needs to be
enhanced atleast Rs.30,000/~. The amount awarded for

medical expenses and incidental charges is based on

the proof produced by the appellant and

reasonable. However, learned counsel appellant,

rightly points out that no amo:unt_is

physical disability suffered’ at 40’%__oi” to

20% of the whole body. Thottgh Tribfunal has
awarded compensation” loss of income,

but no “aw’ar:ded towards loss of amenities in
life. Ience undejr._tliis”‘lhead, a reasonable amount of

awarded. As regards the future income

” it is”l’con-cerneyd, th¢”fi}1?io1e body disability at 20% is taken

The Tribunal has chosen the

m’u._ltip_l’ierAfvwhile awarding the compensation towards

loss future earning, which is on the higher side. In

of the SaralaVarma’s case, the multiplier ‘ll’ is

” ‘-“applicable. Hence, the amount comes to Rs.79,200/–

aw
{

5
(36,000/– X 1 I = 3,536,000/– divided by 20% = 79,200/–

p.a.) under the head loss of future earning. But at the
same time, I noticed that no amount is awarded towards

laid up period, which could be taken as

Hence, Rs.6,000/- is awarded under if

the result, the award is rnodified
under the following heads;

Pain 8: suffering Rs.30–,Q’00/~
Loss of amenities , Rs_.20,000.,/-4′
Loss of income during ‘_ V ~

laid up period ‘ it /-

Incidental charges ‘-~. “R3 .,,,9..’*()’OO/-
Medical expenses». j ‘l~0,000/–
Loss of futiiite i1;ic’oI11e”. _–_ V ” R’s’;79,200/–

V »»4Tota1 Rs.1,50,200/-

The fluenhanhced’- compensation shall carry 6%

i * intieres’t’toi’3:)e deposited Within four weeks from now.

* ‘rh;$’a”%?§i*:déda1 is ailowed in part.

Sd/-=
Iudge

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