IN THE HIGH COURT OF KARNATAKA CIRCUET BENCH'
GULBARGA
DATED THIS THE 5TH DAY OF MARcHDMA2Q.1d.jj[ ? A
BEFORE
THE I-ION'BLE MR. JUSTICE B.,_V sRVEEN'IVAsvE;
M.F.A. NQ. 1 1207'/T2-005% (zvmé : %
M.F,A. No,_%1_1~20?5/Qooaj'(ix/mk,
IN MFA
SR1 BANANAPPAAVV."'~-.. 'A j: A
s/0 TIPPANNA -KA1\j/_L._AR
AGED ABc:DT 28"YEARS'_;.
R/AT, No.39; EIIND'I PRACHAR SABHA
. t ROAD, G.U1,DARGA . . APPELLANT
:«; "v{BY SR1 N K PUJAR, ADV. )
1. "'~.SRI_fV" RAVA S /0 V KUTUMBAIAH
MA..;_0R IN AGE
A , _ R/AT I-IIREJAYAGANUR POST
_ CHIKKA JAYAGANUR TALUK
'HOSPET
DIST: BELLARY
'»'z'~:'*~
2
2. UNITED INDIA INSURANCE CO LTD
HOSPETI-I THROUGH THE MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DRJAVVALI COMPLEX
SUPER MARKET
GULBARGA . RESPO1'_\T;DEI\}_~'.1"'.__E_S"I~1' "
[BY SR1 M R PATIL POR R-1, SRI M. SUDARSHAN _j " I I
FOR R2)
THIS MFA IS FILED U/S.14?'__31{*1V} OF'_»_TNIV= ACT"
AGAINST THE JUDGMENT 'AND AWARD' DATED
21/4/2006 PASSED IN MVC N4Q';'I18O/O3.__O1\I.'.TH,E FILE
OF THE II ADDLCIVIL JUDOEISD) "G,ULBARGA,
PARTLY MLOWING CVLAI.M,I"~PETITION FOR
COMPENSATION & SE'EKII~3_Q€ A; OF
COMPENSATION.__ '
IN MFAINO; 1 7
'1
- N. SR} [0 TIPPANNA KAMBARUVLADWAR}
AGED ABOU'i',_15 YEARS, MINOR REP. BY HIS
'NATURAL 'OLIARDIAN & FATHER SRLTIPPANNA
S",(Q-I'SHARI'\1A1§PAKAMBA_R, A/A 51 YEARS
R/A'£'NO.39',P.'Hi'NDI PRACH AR SAHBA
_SEDAM ROAD, GULBARGA . . APPELLANT
4. "AND A'
(BY SR1 N K PUJAR, ADV)
__.................r,._
I SR1 V RAMA RAVA S/O V KUTUMBAIAH
MAJOR IN AGE
R/AT HIREJ YAGANUR POST
CHIKKA JAYAGANUR TALUK
I-IOSPET
DIST: BELLARY
2. UNITED INDIA INSURANCE CO LTD'
HOSPETH THROUGH THE MANAGER I
UNITED INDIA INSURANCECO. LTD,
DRJAWALI COMPLEX
SUPER MARKET
GULBARGA I ._ _ V _ RESPONDENTS
[BY SR1 M R PAT1L,_ AD'€V,_V SR1 M.
SIjDA.RSIjL%N.' ADX/;«..F.QR R2)
THIS MEAD FILE_D._ U'/S .'l73(1) OF' MV ACT
AGAINST 'I'HEI__ V;JUDGMoE'NT AWARD DATED
21/4/2006"'PASSED"-IN-.13/IVC NG;38/O4 ON THE FILE
OF THE II -JfUDGE(SD) GULBARGA,
PARTLY I.AL.LOWINGIIooTHE CLAIM PETITION FOR
COMPENSATION ah SEEKING ENHANCEMENT OF
COMPENSATION .I I. "
MEAS.T'C'OM1NG ON FOR HEARING THIS
'=__D;A:'f".. fII{£<;.(;Q:UI§T DELIVERED THE FOLLOWING:
JUDGMENT
appeals are by the Claimants Seeking
.§:~nhanCe1T1ent of Compensation awarded by the
AS they are arising out of the Common
‘i:5>.’>
Judgment and award of the Tribunal, they are ta1~:ei1–i
together for disposal
2. For the sake of convenience,»the’ss,part*ie’s’V”a;reu:.,f
referred to as they are referred'<–to inithe o1aa"rf'1'.V'p:etiti(Tin.vi
before the Tribunal.
3. The brieftacts oi’
On 4. ‘Biannappa was
riding Ba;-aj Reg.1\§o.AP–22/I3-
5934 along with the
claimant Rajah as”vpiiiion””rid’er, near Wadagera cross on
Yagiri_§fShaha§§ui’i. road, at about 9.00 am, the
who was driving the Tractor bearing
lilieggih’-Ir).K;§i3_32ffI”¥2454 came in a rash and negligent
‘Vmanner “fvroni.V opposite direction and dashed against the
“..Scxoot.eAr.V”‘ As a result, both of them fell down and
ristigstiained grievous injuries. Hence, they filed two
separate ciaém petitions seeking compensation. The Tribunal,
&Ӥ;>
‘if’?
after Consideration of oral and documentary evidenc~e”‘on.4A4
record, by impugned judgment has V’
Rs.55,000/– and Rs.45,000/– with’i1*1terest_:v.atV:v93%’-‘.paxW it
respectively. Aggrieved _ by it
compensation awarded, the ciaiarnants are ina=ppea_if
4-. The iearned for the
claimants ‘V of injuries
sustained the duration of
treatment __ the Compensation
awardedtby the? on the lower side and
ther.eforeeA,. he prays ‘for allowing these appeals by
X enhancing compensation.
“Per contra, the learned counsel for the
V’ ijinsturanee Company submits the compensation awarded
‘ the Tribunal is just and proper and there is no scope
for enhancement and he prays for dismissal of these
appeals.
6. As there is no dispute regardi1?ar;c:._§:” ‘
sustained by the claimants in ai-‘Motor
and the liability of the Insurance’.__Co_rnpany.,A. ‘the
point that arises for my cons’i’d.re’1*ation in
are:
“Whe_ther the V’ccnipen:s.atior1..taiyarded by the
reasonable or does it call for
enh.ai1.ce’m.er1t’;’5′? _ _l pp ”
claimant in MFA No.11207/2006 (MVC
is one Bannappa, aged about 25 years at
the tirne He has sustained fracture of mid-
lgshaft feniur of left leg as evident from the wound
certifi_cate Ex.P–3 and supported by the oral evidence of
claimant and the Doctor who were examined as
PW-l and PW~4 respectively. The claimant has
that he was earning a sum of Rs.4,0()0/ — by ~
a blacksmith. But the same i:s'”‘no.t
producing any documentary Vevidefnce’;_
though noticed the disability the “lat
65% to the limb and 4C:%_j4the~.whole”body. has
declined to award ftotiiard,:s,lzfiiture loss of
income by the
claimant Doctor would not
come The claimant
after sustaufiilngl ‘fracture«–._of”n1id-shaft femur of left leg
CEtI11f3.(_§:)J[lVlI)€ saidthat he could continue his profession as
the same strength and energy with
which’ he “_’w_a’s;”doing prior to the accident, However.
consid.erVi.ng the nature of injury, the disability stated by
VA llfthedfinoctor at 65% to the limb and 35~40% to the whole
body is on the higher side. It is just and proper to
assess the disability caused to the whole body at 10%.
5;’i:§«..-,
9
up period. Now, in View of the assessment of ‘1neo_I’n.ej'<..oi'–_
the claimant at Rs.3,000/~ the same is *
enhanced to Rs.l2,000/– and Ifaiward
against Rs.9,600/– awarded' by '~tgy\rai:f'({.Sf»?1y'.:
"Loss of income during laid u;5"'n:e*riod;l.. the
nature of injury, duration disability
stated by the l)oetor7VV_a,jf.ra1_:ded by the
Tribunal on the lower
side and the same by
another' Rs; a sum of Rs.15,000/ —
under it
the claimant in all is entitled to a total
Rs.1.31,800/– as against Rs.55,000/-
awaérdyedybyéluthe Tribunal with interest at 6% pa on the
A enldanced compensation of Rs.76,800/ — from the date of
' claim petition till the date of realisation under the
following heads: T
"
E0
[1] Towards Pain and sufferings Rs.25,000/j–..L
[2] Medical and incidental expenses Rs. 15,000 – _ ‘2
(3) Loss of income during laid up
period Rs. 0
(4) Loss of amenities ._Rs._1
(5) Loss of future income
Total: 0 Rs;1j,l’:-.§-._ii,’a0o
10. The claimant’-in ‘i§e..iv1f.aop6/2006 (MVC
No.38/2004) is_:on__e R.aju”,- at the
time of acci{;1en’t.,V fracture of Tibia and
fibula of irijuries as evident from
the supported by the oral
evidence o0f”~Vthc._C,1airnant and the Doctor, who were
.”‘~exarn{i’need as PWs’.’2;*~&j 3 respectively. He was treated as
-.inpatien’t.LinGovernment General Hospital, Gulbarga for
about Considering the nature of injuries and
vlttohpe duration of treatment, Rs.30,000/– awarded
‘A-towa’rds pain and suffering is just and proper. The
-r-ollaimant although has stated that he has spent a sum
of Rs.30,000/~ towards Medical eXpenses’»”faiid
Rs.10,000/– towards Misc. expenses
substituted the same by pI”OdU;Cii’lg4 ‘
However, considering the natiire)O/st’ ‘the it ‘
Tribunal towards Medical exlpensves is on
the lower side and enhanced by
another of Rs.l5,000/–
under this . . .. .
that the claimant has
suffered” u’!7;?:% ‘ the limb and 35-40%
disability. toldwhole body. Considering the nature of
jldiisabilityw assessed by the Doctor is on the
claimant was a student aged about 14
_ years at .t’1’ie time of accident and the question of
.iawardinV’g”.loss of income during laid up period or future
ioss of income does not arise. Considering his age and
fig?”
1′)
injuries sustained by him and disabilities stated by the
Doctor and inconvenience caused to his education
career. if a sum of Rs.40,000/– is awarded _
of inconvenience caused to the education:care:¢’t,,lV’lossV of ”
amenities and disability, it would
justice and accordingly, I aw’ardV..thelsaIfine._
12. Thus, the entitled to a total
compensation alis-.V_agai,nVst Rs.45.000/–
awarded -w__1’t–h.’ interest at 6% pa on the
enhanced ‘Rs.40,000/« from the date of
_ claiIn.§’petition”’tilllthe date of realisation under the
7-._ :’
(1)lTo\ivardsl and sufferings Rs.30,000/ —
V -V {2} Medical and incidental expenses Rs. 15,000/–
‘E-8] Incoiivenience caused to
‘of_Ein1enities and disability
A’ ‘educational career, loss
Rs.40,000/–
Total: Rs.85,000/»
13. Accordingiy, the appeais are alloigvted
with Costs. The judgment and_award uh’
are modified and the claimant N021
(MVC No.180/2003) is ‘§g.r:1_j£it1edA’V’for’an fgddit1’enai ” T’
compensation of ‘the c1aiman.t§in MFA
No.11206/2006 (MV(3″ ‘1s:f¢.3st}’z?o(§4),’s%»i:si’t entitled for an
additional cornpen’sati§_)n €ef’..Rs,§4t);_OQ0}”-itwith interest at
6% from till the date of
rea1is3V§i01?«. it it
14.’ .._The in.sirr’an4ée.:’:LCdrnpany is directed to deposit
the enhanced”ecgirhpensation within four weeks from the
it of of the copy of the judgment and award.
15:1.’ =”‘1n MFA No.11207/2006. Out of the
ix”‘:ge’11i1aneed compensation of Rs.76,800/- a sum of
— “R§s:5(A),00O/- with proportionate interest is ordered to be
deposited in FD in any nationalised Bank for a pfierioldof
five years and the balance amount of .:.lvl:.?.lil’.’l”vi… .
interest is ordered to be re-lea_se.d__ in _-fav’o’lii~.lllof ll”
claimant.
16. In MFA No.,11206-I-2:()06;.._thel eI1ti.re.–amount
is ordered to be depolsited in nationalised
Bank until theinivnor the natural
guardian “”w_ii:htlraw the interest and
spend the :’the’«afel.fare’ of the minor claimant.
Ordered ace.ordi11g”ly! l’ J
Sd/~
EUDQE