M.F.A.NOs. 1 1269/2006 C/W 1:,I26S/21906;?'
EN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF OCTOBER,
BEFORE
THE HON'BLE MRSJUSTICE S.v.NAGA1_gAT:iNA 3
11268[2006« '
M.F.A.NO. 11269/2006 (MK?) I "
BETWEEN:
SMT JAYALAKSHMI ' 5
W/O GOPALA - '
AGEDABOUTSSYRS ._ 'V
R/AT THORESHETTIHALLIVELLAGE I '
MADDUR D=:iS";' 'V
(By SI'i:'K__'S -SREEK/}u\ETIj?. ASSOCIATES )
_ "
"S"/'O_ LATE BETTEGOWDA
R/AT HANAKARE VILLAGE
._I\/£A1\2*DYA TQ
~~ OWNER OF THE D.C.M. TOYOTA
P95 ..
"BEARING 1\'£O.KA--13/2818
THE BRANCH MANAGER
NEW INDIA ASSURANCE CO.LTD.,
II CROSS ASHOK NAGAR
MANDYA
THE BRANCH MANAGER
ORIENTAL INSURANCE CO.LTD.,
Xi?"
1'1_u26:r{2Qp;;
. . .APPELLANT
LA_A_L 3 C.
3. THE BRANCH MANAGER
ORIENTAL INSURANCE CO.
OPP. K.E.B, M.C.ROI/U3.
MANDYA.
(By Sri: K E JAGADEESHA ADV'. FOR M /S
FIRM FOR R-1. SR1 G NARAYANA RAO COI:N5EL--._Ij{'OR R--'2¢_ V'
SR1 V NARAYANASVVAMY FOR R--_3}~
MFA FILED U/S.1'/3(1) OE ACT.
JUDGMENT AND AWARD DATED A31./3 /20.016 PASS--ED IN
MVC N086'?/O0 ON THE I«'ILE._OE THE CIVIL J{_J'D»GE{SD} '
MACT MADDUR. PARTLY ALLOWING TIIE' PETITION
FOR COMPENSATION AND _S_EEI{INnC ENIJANCVVEMENT OF
COMPENSATION. ' ~ " "
M.F.A.N0.1126'7/2006
BETWEEN:
SMT*I>:ADNLANIMA.S'
AGED ABOUT 4'7._YREs
THORESHETTIE~IAI;.LI VILLAGE
NLADDURIMANDYZA
" ~ ._ ...APPELLANT
. S 'ȤEy Srfit ::E~--..L ASHA COUNSEL FOR PROF K S SREEKANTH
AND
I " B RAMU
'A 53/0 LATE BETTEGOVVDA
R/O FEANAKERE VILLAGE
MANDYA "IQ, OWNER OF DCM TOYOTA
BEARING NO KA13/2818
A 2 THE BRANCH MANAGER
NEW INDIA ASSURANCE CO LTD 54
M 4 4.4.1
II CROSS, ASHOK NAGAR
MANDYA
3 THE BRANCH MANAGER
ORIENTAL INSURANCE CO
OPP KEB M C ROAD, MANDYA
[By Sri: K E JAGADEESHA ADV. FOR M /s I=3I§AcI;~ACGA*rS4'I
FIRM FOR R-1]
MFA FILED U/S.173{1} OE fiAGT.'AGAI'I-Isr EEIE '
JUDGMENT AND AWARD DATED, 311/3/20o6'~PAs's_E~D"IN
MVC NO.868/00 ON THE FILE OF THE C_IV§L"JI_TVI)G};3_I{SD}
MACT MADDUR, PARTLY ALLOWING THE--..CL_AITvI 'PETITION:
FOR COMPENSATION AND SEEIIING ENHANCEMENT OF
COMPENSATION. -.
M.F.A.No.1126s/2oas"j«:M\n . ~
BE'I'TIiT'!.§i§1'€I:.:.:Iv5. _
SRI KUMAR 3.,/O'.GOPAI;A,
AGED ABOUT 1-1 YEARE,
THORESH'ET'fIHALLI_ VILLAGE
MAIJDUR TQ"; MANDYA DIST.
FE§1'IT10l'J.ERIS 'IN-OR AND HE IS REP. BY
"1' «ms NAfTIII'I<IAL GUARDIAN /FATHER
(}OPAL_ S,/0IVE_HGNNEGowDA, A/A 35 YEARS
...APPELLANT .
(By ..si~I; K s SREEKANTH ASSOCIATES 1
1 H B RAMU s/o ALTE BETTEGOWA
R/O HANAKARE2 VILLAGE
MANDYA TQ.
OWNER OF THE D.C.M./TOYOTA
BEARING NO. KA-13/2818 5,5
M 5 L
2 THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD..
IE CROSS, ASHOK NAGAR
MANDYA
3 THE BRANCH MANAGER
ORIENTAL INSURANCE CO.
OPP. K.E.B, M.C.ROAD
MANDYA
(By Sri: K 1: JAGADEESH cOUNS£'..L-FOR M/S' BLACVK-._
COATS LAW FIRMS FOR R-1, SR1 M_NARAYANAPPA ADV.
FOR R-2, SRI.V.NARAYANAPPA..COUNSEL_ FOR"'R¥'3~SRI '
OSHANKAR REDDY FOR R-3} " ~ --
MFA FILED U/__S:.173{1} _O'P7__ NW-_ACT AGAINST THE
JUDGMENT AND AWARD DATED"-3;:.._/3»,/_2006 PASSED IN
MVC NO.871/00 ON me FILE OF.-THE.I'VC1VIL JUDGE{SD) &
MACT, MADDUR, PAR'1"LY-- AI.LOW1NG '".?.'H»E CLAIM PETITION
FOR COMPENSATION ::&~7SEEK1NG.__,ENI-IANCEMENT OF
cOMRENSA'r1'ON,__«.'_ ~ _ 1* .
ThueSe~ On for HEARING On this day, the
Cour'; deliVere(i.tIr1e fcll0Wing:--
.....
are filed by the injured claimant Seeking
efzhaneement of compensation by challenging the Judgment
.. and ‘respective awards passed in the respective claim
A’ =._”pe+..i’uons dated 31.3.2006 by MACT, Maddur.
;2. The facts Of the case which are no longer in dispute
are that the claimants were travelling in a Maxicab bearing
«E:
, 5 H
registration No.KA~13/ 2818 from Mandya to Maddur when
the driver of the maxi cab drove the same in a rash and
negligent manner and dashed against a lorry bearing
registration No. ADP’ 7116, as a result of
sustained injuries and they were shifted to
treatment. Contending that they had suffelre-:1lisermanlenth,
disability, they filed their respecAtiVe_.,claira_p petition l
compensation on various heads.
3. After service of not_ic’e._ front the ‘friE5u’r1al the
respondents appeared and conttested-the mlatte.r../I
4. thin tsnpportlqolf”–t_h’eir=’ case, the claimants examined
themselves xartcigot. lniarked their respective documents.
docter”W’as also examined. On the basis of the
s_a”i’d the Tribunal awarded compensation of
‘7R;’s’;4.2,o0e’i;Vf.ar:’ in MVC.No.867/2000, Rs.61,000/– in
i\/IVL?.i\lo.868/2000, Rs.56,000/– in lVIVC.No.869/2000,
AVVf{‘s-42,000/– in MVC.No.870/2000 and Rs.35,000/~ in
lfMVC.No.871/2000 with interest at 6% pa from the date of
claim petition and fastened the liability on the insurer of the
maxicab. Not being satisfied with the said award, the
claimants have preferred these appeals. Since these appeals
/3:»,-«.
arise out of the same Judgment and the claimants are
injured in the Very same accident, they have been taken up
together and disposed of by this common judgment.
5. I have heard the learned counsel for the and
learned counsel for the respondents.
6. It is submitted on behalf Zofmthe. appellants, that tile
Tribunal has awarded meager conapenslation’ the
paid and suffering, loss of inoome; l
and incidental charges as weli”asfnn”-loss of amenities. That
in 4oomp.e:nsati.onl has been awarded in all the
caseslwithout’ ‘injtU.:aecount the injuries sustained by
the _ respeletiyve .el,ainiant; therefore, these are fit cases for
enhancement of lcoriipensation.
» .,VPer’«._e*ontra, learned counsel for the respondent
H ‘liompany supporting the Judgment and Award
su’bmitted”that the award made in each of these cases is just
proper, which does not call for interference and
fltherefore, these appeals ought to be dismissed. g
for
8. After hearing the learned counsel on both sides, the
only point that arises for my consideration is as toowhether
the appellants are entitled to enhanced compensatioVi;;§;”‘j.,,
9. The claimant in Mvo.No.s69/2000 sust-aine’d.’
of right clavical and there was tenderness”‘
lumbar region. She was treatecl’».:for::’th.e’ fracture ofiscéagg-vula
and was an impatient for fiife’«.¢;lays and 1.vasiva’clir¢iseg3 bed rest
and follow-up treatment. According to.P\l\f.6:~DoCtor she is
suffering from perrnarieiit 1;i_hysioal.._disahi1ity of 20% in the
right hand. On the of the Tribunal
awaravtlecllv of — in the following
manner?’ 4- M V
P9’i,l’.1,&E sa’i’fe*?iz1gV if Rs. 15,oo0/ –
. _ future earning capacity Rs.35,000 /-
‘ Rs. 3,000/-
” Loss of Rs. 3,000/-
10. In ‘respect of MVC.No.867/2000, the claimant has
is sustained fracture of right wrist, tenderness over right chest
‘ fracture of lower end of right ulna bone. According to
Vthe doctor she is suffering from 20% permanent physical
£-
disability to the right hand. The Tribunal awarded
compensation of Rs.42,000/ — in the following manner’:
Pain & suffering Rs. ~ 2 Loss of future earning capacity Medical Expenses Loss of amenities V' T
11. In respect of MVC.Noi.l8fl3:8,/.200(l)’*the claimant had
sustained injury to upper lip, swelling
on the right anlde andA..f.f::f_1der’ri_les_S orivth:e{_h’ip portion. As per
X–Ray there?__’wa;s.iractnre. and’l_sh_e”l?1ad–wtaken treatment. The
doctor opinedlthat«..:there.llwas 30% disability. However,
the Tfihfinal has the disability at 15% of the whole
body and’ awarded’. cornpensation of Rs.61,000/– in the
‘ V’ f’o.llo\fiii.338 “n.1aI1nelr”:’ “””
V éain Rs. 10.000/ –
l ‘Loss of earning capacity Rs.45,000/–
Medical Expenses Rs. 3,000/~
of amenities ‘ Rs. 3,000/-
12. MVC.No.871/2000 is filed by a minor claimant in
respect of the injuries sustained in the accident namely
fracture of superior rarnus of right pubic bone. The doctor
Ea
_lQa
was examined in the matter and the permanent physical
disability was assessed at 15%. The Tribunal hasipawarded
compensation of Rs.35,000/~ in the .
Pain & suffering _ if Loss of future earning capacity A 'A Medical Expenses it
And no award was made towards loss of amenities.
13. From theppmaterialion ‘ispV—apparent that the
accident ‘.1,//1’9′.31′.§.l The claimants in
Mvc.No.s09 308/2000 are agricultural
has taken daily income at
piper ::wh’1le_:”assessing loss of future earning
capacity, ..I..’–fin’d son the lower side. Taking Rs.80/~
as the daily’ income and Rs.2,400/– as the monthly
_ *”.n_come,_’compensation is accordingly enhanced on the head
llofullloss_0fle:iuture earning capacity in the aforesaid cases by
applying the appropriate multiplier after deducta? the
Q’ Ayarfiounts aiready awarded.
‘ if
‘E
14. As far as the other heads are concerned namely pain
and suffering, loss of amenities as well as medical expenses
as stated stereo typed awards have been made and lower
1%
W13-
17. As far as the appellant in MFA.No.11268/2006 is
concerned, a sum of Rs.50,000/– along with pr0portiQrla:te_V
interest shall be kept in fixed deposit in any
Bank until he attains 2} years of age. 3″
compensation shall be released to the e. e
guardian of the appellant to be nti..liseddf0r”the bf
minor appellant.
18. For the aforesaid reasVc_)ns,V are allowed in
part. Since petiticnilras’ dis.inis_sed as against the
Oriental Insul*an»-are the liability fastened
on M / s. Coniriany is left undisturbed.
Sd/-‘
JUDGE.