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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13*" DAY OF SEPTEMBER. 2010
BEFORE
THE I-ION' BLE MR. JUSTICE B.SREENlVASE
Misceilaneous First Appeal No. 4578
Between
Sri Anthony
S / o. Micheal
Aged about 38 years
Residing at No.938,
Oil Mill Road, ~
Lingarajapurarn, . .i
Bangalore -- 560 084.
Appellant
[Bye TAM
1. WM/S. 1'./{ism L1;-:*..,
Represei1te"dA"oy"its Director,
1 _ No.3o3,fA* wing;
A Queef1sw._Con1e:r,
' 1f"No:3, Queeris Road,
Bar1g:;a1__ore ~-- 560 001.
Evrianch Manager,
V_.TheE:Orientai Insurance Company Limited,
a ' No.3, IF1oor, 1 cross,
=...Kheny Building,
Gandhinagar,
Bangalore -- 560 009.
Respondents
(By Sri. D. Prabhakar, Adv. for R1,
Sri. A. Ravishankar, Adv. for R2)
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This MFA is filed U/S 173(1) of MV Act, against the
judgement and award dated 27.10.2007 passed in MVC
No.3306/ 2002 on the file of V Additional Judge,
Member, MACT, Bangalore, SCCH-20, partly allowing
the claim petition for compensation and {seeking
enhancement of compensation.
This appeal coming on for
the Court. delivered the following:
JUDaMEnrd&n’
This appeal is the …seekin’gl’
enhancement of compensation. g
2.. Heard. The and with the
consent of ie;;r’m¢d for the parties, it
is A
3. are:
p when the claimant was riding
.__on Assayee road, Frazer Town, Bangalore a
A registration No.KA~O4 A 4475 came in a
‘rash “negligent manner and dashed against the
cyciegas a result he sustained injuries. Hence, he filed
v petition before MACT, Mangalore seeking
compensation of Rs.3,00,000/- and the Tribunal has
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awarded compensation of Rs.6l,900/– with interest at
6% pa.
4,-. As there is no dispute regarding occurrence of
accident, negligence and liability of the
offending Vehicle the only point that
consideration is: 9 9 T _ A _
Vlfhether the compensation awarded it
the Tribunal is just reasonable o1=i._does.wit
call for enhancemer1t’?_ 1
5. After hearing: the bounselllllajapearing for
the parties and perL;_si’ng award of the
Tribunal {I V of’ the compensation
awarded is not just and reasonable, it
is on theta therefore it is deserved to be
e;r1hanced.”‘ . V I
l ” . has sustained the following injuries:
it over abdomen;
,. Lacerated injury over the dorsal aspect of
‘ the right foot;
iii) Contusion over right side of the chest;
iv) Lacerated injury over the right arm lateral
aspect.
Injuries sustained by him are evident from discharge
summary Ex. P 6 and supported by oral evidence of
the claimant examined as PW 1. He in
Bowring Hospital and Abhaya Hospital,
ESI Hospital, Indiranagar. as A’
Hospital, Bangalore for daysdtkp it
7. Considering the I1a’£’ii’i.’:(:.3″0f in the
discharge summary awarded by the
Tribunal towards the lower side
and it is by another sum of
Rs.E,~;OO.®O’:V’/’tttvihaiid 1 award *Rs;2.o§00o/– under this head.
8. As Rs;V’tfZ6.t:9O'()i/.:-L”awarded by the Tribunal towards
rnedicineydt charges is based on the bills
‘b’y-,.the claimant there is no scope for
‘ “eniiance1n’ent under this head.
2 was treated as inpatient for 4 days in Ahhaya
Bangalore and taken treatment in Bowring
ii ‘tifiuospital and ES} Hospital. Considering the same
‘F’lis.2,500/– awarded towards incidental expenses such
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as conveyance, nourishment and attendant charges is
the lower side and I award Rs.6,000/- under this head.
10. Claimant claims to be a Security Guarc.i'”e»arr1ing
Rs.2,902/– pm. In the absence of I
assess the income of t he claimant at
as against Rs.2,500/– assessedilipbyf and
award Rs.9,000/~ towardsloss”oftincome-it-tdufingfiaid up
period as against Rs.7,5O(l/*.;_V’awarded ‘l_oyVthe’:§Tribuna1.
ll. The Tribunal’co_nsidVé1~iing:–p’tires: ‘nature of injuries,
and duratitin «of V” awarded Rs.10,000/–
towardshloiss is just and proper and
it does. not cs-ii. for>’en:h’a.ncement.
12. The .c1aimantV::having not examined the doctor
‘disability is not entitled for compensation
‘ “towa_r”dsfv1osts of future income.
the claimant is entitled for the following
it it , compensation:
1) Pain and suffering Rs. 20,000 / –
2) Medical expenses Rs. 26,900 / –
3] Incidental expenses Rs. 6,000/-
4] Loss of income of parents
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During treatment period Rs. 9,000/-
5) Loss of amenities Rs. 10,000/–
Total 125.7 1 .900 /-
14. Accordingly the appeal is allowed in The
judgment and award of the Tribunal is the
extend stated hereinabove. The
total compensation of
Rs.61,900/» awarded by -the
6% p.a. on the 10,000/–
from the date till” the date of
realisation. _ V
he is directed to deposit the
enhanced with interest within two
rn–anths’dfr_oAmih9the’- date of receipt of a copy of this
_”j'{v1.d5gi’I3.é'”I1t_ andmthe same is ordered to be released in
of claimant.
.- ~NoL.–oirder as to cost.
sa!§,,
‘H1569