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INTHE}fiGH(XNfl¥FOFKARNAEMQRATBANGALORE
DATED THIS THE 111"" DAY OF NOVEMBER.
PRESENT
THE HONBLE MR. JUSTICE N.K...9AfT:; 3] . 3
AND
THE HONBLE MR.J{}STICE'H_;S.KEMv¥?;'ANNA A
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D/O D.M.RAJAS;sTEKHAR"E'E. [ELE}f.
AGED .ABO1;T;-27 "' A
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AMBTKANAOARA.I'NORTH.__CANARA
PIN ~ 581.__383 _ ...APPELLANT
(BY :sMT.sT5OORT1§:Y TTECDE. N A ADV.
FQR sR1.D.R.NAOA1gAJA -- ADV.
H 1. '.'1.,T'1v£'/§§."LI.N1§1*EI) INDIA INS. CO LTD
.« pa
BY.1T€$_--NIANAGER. BRANCH OFFICE
" EELGAUM
KRISHNA YELLAPPA SAVANTH
_ /O YELLAPPA SAVANTH
" AGED ABOUT 52 YEARS
TRANSPORT OPERATOR
D.NO.244/40, PULBAG CALL1
BELOAUM . . RESPOND ENTS
{BY SRI'.I3.C.SE3E'I'i"'iARAMA RAO W ADV. FOR Rm 1.
NOTICE TO R-2 DISPENSFD WITITTTI V/C) DATED 20.02.09)
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THIS MFA IS FILED UNDER STFJCTION 173{}-A}
ACT AGAINST THE JUDGMENT AND
28.02.2005
PASSED IN MVC NO.11.44/O1 ON Ti~’iE IafIPE—-IOjI~i
THE 11 ADDL. CIVIL JUDGE (SR.DN.) a.,AD-DL.–._MAC:T;
CHITRADURGA, PARTLY ALLOWINs….TT–IE ¢::LAiM.’;PETITION_
FOR COMPENSATION AND SEEKING_i::x;II:AN§:EIyI~I«;Njr'”Off
COMPENSATION.
THIS APPEAL COMIN’Ci “ON FOR I4IEAIi<ING-.u*
THIS DAY, N.K.PATIL 3.. DELNERED TIIE.E"O:,I',=O\'AjINO:~
This is claimanitsiipappjeal __:'fO:rn_':enhancement Of
compensation judgment and
award dated Mvc No.1 144/2001
On :h¢"fii'e'0£v:Ih§i: 'cI~;;'iii'JLIdge {Sr.Dn.] and Addl.
MACTE"–. referred to as
'Tribunal' ifO'rVsh~Ort}.A'. V i
A {By "Its juidgernyent and award, the Tribunal has
Of ?1,92,000/– with interest at 6% pa.
ire-IT} Of petition till its deposit as against the
<;1aim.'HAé1d€ by the appellant for a sum of ?8.00.000/~
–,,0n..aIeeOunt Of the injuries sustained by her in the rOad
…_t:raffic accident. Being aggrieved by the said judgment
and award, the appellant: has presented this appeal,
3
seeking eiihaneement. on the ground that. the amount
awarded by the Tribunal is inadequate. .
3. In brief, the facts of the case are:
The appellant claims to be aged abo!.:vt–»..A”/f’:.’3t
student studying in 3″-1 year pi
merit seat in BIDS course u*nd_e.r fie
was hale and healthy prior_vfito.V/.,:t11e_ Efhat, at
about 3.30 pm. on was standing in
front of road, in front
of Ashwini a tipper lorry
bearing 762’3:,7driven by its driver in a rash
and negligent rnaririe»r:,:””‘..d4ashed against. the appellant.
Duejto o*whieh’,”w.thVe appellant fell down and sustained
.sev.eVre.yvi=nju,Vries on her liver and suffered fractured
Immediately, she has been shifted
‘V to loitzflvhohspital. She has taken treatment for about 38
“.,[.d’aye:,_ and underwent one surgery. The doctor has
‘ asslelssed 50% physical disability. It is the further case
the appellant that due to the injuries sustained by
her in the accident, she has suffered lot of pain and
agony. has spent corisiderable amount towards medical
5
emerges is that, the Tribunal has awarded just and
reasonable cornperisatiori of ?7’5,000/- t.owardsl’i~-plain
and sufferings and 31,12,000/~
expenses and therefore, we do not ir1terfer–e’_ivwith’*the ”
same. However, the Tribunal :'”:has”o awar_ded’ rrzeager’
compensation towards conifeyance, lriou:ishivng._’fo.odand r L’
attendant charges and not a..wd§:+de:1 any”‘cornpensation
towards loss of education,’ ~1os_s2:of arntenities, discomforts
and unhappiness andloss olifdirsabiljty. There is no
dispute regaifling7:Vthe-:_occ~urr’encseVof the accident and
the re’su1tant. Vinjuriecsé,”treatment taken as inpatient in
the hospit.ai and Further, there is no
pp dispiiltel”regard’ing_the, loss of education to the appeilant
for-» one acaderriic year due to the injuries sustained by
Vp’ci=accident. The doctor has assessed the
physical… disability at 50% and if oneethird of it is taken,
it Vaccines to 16.67%, rounded of to i7% disability to the
whole body. The appeitant might have spent
considerable amount: towards conveyance, nourishing
food and attendant charges during treatment: period.
The appellant has to stiffer the discomforts caused due
/’ ,_,,;_Ww,..r.
£5.
…..,…..N».-«v-
6
to disabiiity throughout her life. However, these aspects
of the matter have neither been looked into, COIfi1Si:Cl61’~6Cl
nor awarded ‘ust and reasonable com ensat3ion_th~e”‘ _
Tribunal.
6. Having regard to the facts a1f1’d..§:ircurr1s1anc’es:
the case as stated above, we”-~deern’v~ it prolperfte…award 2 6′
315,000/~ towards conveyan.ce;v._’notirishingp and
attendant charges vast? la. ?50,000/~
towards loss pedtiiclatiori academic year.
$30,000/~ discornforts and
towards disability, to meet
the ends ” J
7v._d”Accordin.giy_,the appeal is allowed in part and
judgment and award passed by the
Tribunal No.1 144/O1 stands modified, awarding
a cotiapensation of ?3,22,OOO/W as against ?1,92,000/~
A awarded by the Tribunal. The enhanced compensation
T eomes to ?}.,30,OOO/W which carries interest at 6% p.a.
from the date of the petition till realisation.
The insurer is directed to deposit: the enhanced
compensation with iI1 t. at 6% pa. from the date of
,/ W. u«»~v~W
5/ WWW
7
petition till the date of realisation, within three weeks
from the date of receipt of the copy of this jl1d§;’II1E§i7l:t””~Elf}§l
award .
Out of the enhanced compensati.on;W Ru
proportionate interest shall be in§’.es:’t.:eld’lin:
in any Nationalized or Schedt1i~ed bank.’ “thVe.dna1’ne of V
the appellant for a p.euriodp..iof –.ti:veV”‘yearsl”re-nevyable by
another five years, }._ibe1*”ty’ to the interest
accrued on jg: iwferlnaining 50% of
enhanced proportionate interest
shall favour of the appellant,
immediately; the insurer.
Office to Ad-raygtlie award, accordingly.
8&5;
JUDGE
Safi
Efiagg
TS