I...' "57 YE?/._'\'ES.. " . , S /0 GDvII~ID_A"I<_ANcHAN 'Ia/»Q_M,ANGANE.S"RoAD 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09TH DAY OF NOVEMBER, BEFORE THE HONSLE MRJUSTICE I3,S.REENIIVASEi'IGGWDA-_ I " M.F.A. NO.3703/200.8" [1\/I\:7'(§) I BETWEEN SMTKAIVIAIA AGED ABOUT 35 A. W/O SHESHA PUTI-IRAN" * R/O KALAVINABAGILU _ THOPLU, HAKLADIVIIILAGEE _ _ V_ KUNDAPURA2'TAI',;UK _ 'V I' ...APPELLANT (BY SR1: M'AHE_SI~IKIRAN"SjIIETTY, ADV.) BABU KANCHAN * GANG.0LLI.,'V.ILI.AGIi; AND POST KUNDAPURA.TALUK . THE NEW INDIA ASSURANCE co LTD 1' -BRANCI-I 'QI?'I«'IcE: PUSHPA BUILDING " MAINEQAD, KUNDAPRUA '----REERESENTED BY ITS BRANCH MANAGER ... RESPONDENTS
A; RAVISHANKAR FOR R2 AND R1 SERVED]
_ fIvII«’A FILED U/S.173{1} OF MV ACT AGAINST THE
“~..JI’I~DGIvIENT & AWARD DATED 21 /8/2007 PASSED IN MVC
NO.725/05 ON THE FILE OF THE CIVIL JUDGE[SD] 81
MEMBER, ADDL MACT, KUNDAPURA, PARTLY ALLOWING
%/
8
came in a rash and negligent manner and dashed
against her. As a result, the claimant
injuries. Hence, she filed a claim
MACT, Kundapura seekinglllll “cornpe-:nsa1.’1 of
Rs.5,75,000/–. The Tribunalg:”award’e.dlj.v”
compensation of at 6%
p.a. _ g
5. As there” regarding
occurrence liability of the
insurerloil the Vehicle, the only point that
arises’ for rriy”‘conVsideration in the appeal is:
V ‘V V j.:4jA”‘-whether the compensation awarded
is just and reasonable or
A doeslitlcall for enhancement?”
After hearing the learned counsel
l’:l:l’_Aapp”€f;aring for the parties and perusing the judgment
award of the Tribunal, I am of the View that the
compensation awarded by the Tribunal is not just and
65
4
reasonable, it is on the lower side and hence~._it is
required to be enhanced.
7. As per wound certificate
claimant has sustained the follovvirig ‘_injurieds”;~;
a) There is tenderness, ‘4 7 Over ” 5’, L
[L] side ‘ ~ V . _ ..
b) There is tendernesslover dl_0″‘vcrte’l:3ra
C) (R) ankle s.wollen—tendlernessdl at._(b)..”..
d) Abrasion side of”bacl:”– 2×1 cm.
X–ray # 3_–4–5~6:.7:._1*ib”ll–lLl.p Slidefl»-;i.._–; # clacaneu
[Rt] # D10 V_€r’tebra V’ -. ‘
The? the claimant’ are
evident from certificate EX.P–3, scanning
report ‘EX.P–u4’1.gdisability certificate EXP-42, X–rays
‘ and supported by oral evidence of the
clainiantufand doctor, who were examined as PWs«~1
and Ezfireslpectively. PW-2, the doctor who treated the
claimant has opined that injury No.1, 2 and 3 are
grievous and injury No.4 is simple in nature. He has
stated in his evidence that he examined the claimant
on 29.11.2006 and found that there was a pain in the
gf,
5
back and chest and swelling in chest also
considering other problems facing by the
has assessed partial permanent
extent of 7%.
8. Considering the “”nat_u”re t”–o’f–._ inj1_j’rie’s,
Rs.48.000/– awarded by» :ijie.rrrb”unai s:’pain”
and suffering’ is on the Iower i’s*d’eserVed to
be enhanced by and 1 award
Rs.50,000/5 this .?{ead’;tti s it i
9: As — awarded by the
Tribunal towards ‘rnedicai expenses’ is based on the
‘ produced by the claimant. The same is
Rs.16.000/- and awarded towards
‘rnedica,1_ expenses’ and there is no scope for
“IT enhancement under this head.
10. The claimant was treated as inpatient for a
period of 16 days in Chinrnayi Hospital, Kundapura.
Considering the duration of treatment, Rs.5,750/–
7
12. Considering the disability stated the
doctor and an amount of discomfort and unhappiness
the claimant has to undergo in her future ‘it.
just and proper to award a’ of it
towards ‘loss of amenities’ a11_dl”,it is’V_’vawardle;d”–~.gas–cV
against Rs.6,000/ — awardedishyi the
13. The claimant about 35’yeéu-s at the
time of accident, andflthie lrnultiplier.j’_’ap.plicable to her
age group is” at Rs.3,000/-
p.1n. treated the claimant has
stated that there’– is”vpei’rnanent partial disability of 7%.
Therefore’;.._the “1oss of future income’ works out to
giaslziofgaztodjucc(3000 x 7/100 2: 12 x 16) and it is
aw<ard..ed~.i'«as against Rs.30,240/– awarded by the
V Tfsiburial.
14. Thus, the claimant is entitled for the
following compensation:–
a] Pain and sufferings – Rs.50,000
b) Medical expenses — Rs.16,000
subrnits that the Tribunal has erred in
‘V”V»r.V,ai§irard.ing;interest for Rs.36,240/– awarded towardsgu
h°g.’lpss–.of”future income and amenities’. There) is some’;
Tlforce in the said submission. Hence, it is clarified that
c) Incidental expenses — Rs.5,?j50:K
d) Loss of income during 4 _.__
laid up period — Rs]. :i8V,.00’O
e) Loss of amenities 5. _ «.
fl Loss of future income . Rs. 40′,32’G7.~
TOTAL V
15. Accordingl3r._ in part.
The judgrnentand Tribunal is modified "'--herein above. The claimant compensation of Rs. Rs.1,20,400/- awarded by the Tribimal on the enhanced
corn..pensati.o’nv’of from the date of claim
petition tl1.§udat.e””of realisation.
it _16. A Counsel appearing for the
1*
i£/
‘ ;propo1fi’:ior1ate___ interest is ordered to be released in
‘favour of ‘claimant immediately after the deposit’.
9
the claimant is entitled for interest on thefientire
compensation awarded by the Tribunal at ~
17. The Insurance Company
deposit the enhanced compen;sati_on._v
with interest Within two: froin-“–.th:e A’
receipt of a copy of this V H
18. Out of 75% of
the amount with is ordered to
be invested;-_in fixed, deposit in. theiiarne of claimant in
any Natio4_na1is’ed”‘Bariigrécheduled Bank/Post Office
forfga period’ VVH7 years. Remaining amount with
i
No order as to costs.
. 8d£:§
{Edge
DM