IN THE HIGH COURT OF IUXRNATAKA
I)ATE1:) THIS THE 28'?" DAY .01? 4ocfI"'C)'I:sII%iIjR,"'20:-O " "
PREsENT:j»9
THE HON'BLE M91-:{_§JI}S'FICF; II.KR;'RATIL.
THE HONBLE 1'I/'FR.AJ:--IJS;(1'ICELVHEAS-.,KEMPANNA
.I._M.F.A;N:I..;2;25--4;A/2(5Civ6;{M'V;)
s/0 SR1
AGED 42 YI<:ARs,'QcC_: NIL.
R/O C /0 NANJUNDA REDIJY. I
KAMANAHALLI. KUGU'IRU'.PO~ST~.~"
SARJAPURAJIOBLI, AN_E'KAL TALUK
I ..... APPELLANT
{BY sIv:T.=I3'QRSLIISITITIIAI'RIa'oR SHRI SURESH MLATUR,
P.wKRI$I?iNAN
.3/0- $1921 RERUMAI.
H =..__p,GiI«:: MAJOR
occ: BUSINESS.
V" I ~ I R'/.o"vENNAMRAI.III
j 'IvI.ALIIINAYANARAIII,I POST
jIAsS_ED.j_IN "~..1_\/WC"._NQ.5939/2004 ON THE
FILE OF'THE;_J'UI)C}_E;~f_C\O'6RIf OF SMALL CAUSES &
MEMBER,"AIIACT,M-ETROPOLITAN AREA, BANGALORE
[SCC--_Hw9},'A'P;A.RTLY --Ai';«LOWiNG THE CLAIM PETITION
FOR 'COMpENSATI'ON-A.IAND SEEKING ENHANCEMENT
OE COMPENSATION. " '
"THISa PLF§PE3AL' COMING ON FOR ORDERS THIS
» _ IZAY, EQPATIL;'J;-;"DE'.LIVERED THE FOLLOWING:
JUDGMENT
~ hciugh this appeai is listed for Orders, it is taken
A 50′ finai disposai with the COI1S€I1T. of both parties.
2. This appeai is directed 21gai11S1: the impxigiled
judgnlerii: and award delted 5.10.2005 passed in
M.V.C.NO.5939/2004 On ‘iI}”lC file Of the Jtidge, COLIN”, Of
if
4?’
.:?n=7′? A
the body and on account of which .
treatment in the hospital as an i.n.:«..patier_1’t’ ‘a’r1d’_’:vhas ‘spent it ”
reasonable amount towards fi’:on*=§ey’anee.”‘ _Iioi,zl1<.ls-hlin_g
food, attendant charges ap_aI=t_ from Vmedliealpexpenses.'VV '
The doctor has assessed right lower
limb at 42%. Clairriing the claimant
appellant fi1ed.v.elai§n respondents.
The said ttpmbefore the Tribunal
for "and;a'alter""'eia1'eful examination of the
oral and and other relevant
material i'o.1'1" records, Tribunal allowed the claim
in partand awarded Compensation as stated
aggrieved by the same, the appellant has
presented the instant appeal claiming enhancement of
'::oriipe11satioI1 on the ground that the cornpensation
___}awarded by the Triburial is inadequate and the same
requires e1'1haneernent.
5. We have heard the iearned Counsel for boythy the
parties.
6. After Careful evaluation of ..
record and on a perusal of the a-nldl”awa;rcl
passed by the TriburialVand docuinen’tar3::v.eyider1oe._l>
what emerges is that the __’__Fl:lri]::)_u-nyal in not
awarding reasonable. eompegnsationyylunder the heads
loss of l”‘arr1Ae;:1itie%s”~and”*-diseomiort and loss of income
during.yt.reat.1nent’:e«tieriodlll It is not in dispute that. the
appellant “ii as u_r’;-.der_goiine treatment. in the hospital from
to The doctor Who has treated the
has opined that claimant. is suffering
vpernianent residual physical disability to the
ext.e1″it bf 42% to the right lower limb and 21% to the
body. Taking into consideration the nature of
it “injuries, the treatment. undergone, the period of bed rest
and follow up treatment taken by the appellant as per
the advise of the doctor and discomfort and
6
unhappiness suffered and having regard to the fact. that
he is a stone cutter by profession and due the
injuries he cannot. work as effeetiveiy as he was
eariier, we award a sum of Rs.25,000/-
and sufferings’ as against Rsf.”iI;000/–.;,< of
Rs.12.000/~ towards 'loss of inoorne during' 'treat;rn'etr1t–.V
period' at the rate of Rs.4f§'000/– pe1'..V_Irio:§f1thiv_for three
months and of "amenities,
unhaippiI;*esi;;. d'i~se'on1fort"' against Rs.15,000/-
awardedffbythe vflowever, a sum of Rs.5,000/–
towards rnediealv-.eXpenses and a sum of Rs.62,400/- is
j1.'iSf'&1i'1d 1:easona'o}e'Var1d does not call for interference.
For._t_he foregoing reasons. the instant appeal.
filed by.t_he'appe1iant is allowed in part. The impugned
Ajudgfmeizit: and award dated 5.10.2005 passed in
'i'A."f\}".C.No.5939/2004. is hereby modified. The
_._§appe1_1aat. is entitled to total compensation. of
Rs.1.24,-400/» as against R383.-400/~ awarded by the
%
_,_..,o,,
.5.
(.-
Tribunal. Thus, the enhanced COI11p€11S3{_i”(35]’1 *1tQ’
Ra”-341,000/– with interest @ 60/o»…p,_a. t”;’c3rii” V
petition till the date of realizatiora, ‘
The second responde–rif~w..5 InSuran_cev-,_C’Qthp-ahy is-V
directed to deposit’ ,.+,1}e cA’c0rr1«pen.saiL3ion with
interest within four of receipt of a
copy of the V’
On the entire amount
shall be re1eae.ed'”i11’V.fé_;;;oi:{i?A3V0f Vinédmediately.
OffiC€’ is -gixvhard accordingly.
AA ‘- Sdg;
…..
3,35;
.3 533$