I. P1L1pA1AE'i~~_ 2" _gx>f '' 1 HOBLI, C 1+«1A$s:~A..N TALUK. CREENTAI, INSURANCE CO LTD, -HASSAN « 573 201 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED TI-IIS THE 16TH DAY OF NOVEMBER.f§O10 BEFORE " V' THE HON'BLE MR. JUSTICE Miscellaneous First off BETWEEN . % V SR1. C P SUNDARRAJU AGED 25 YEARS V S/O.PAD1\/IARAJU,'-fT_ , WORKING AS A COMPU*FER'INSffRUC'FOR AND COMPUTER SERVI:CE*£N._ ' ' SCHEDULE TRFBE ¥HIC_}H.fNE'I'* 1NTER1\1'ET RESIDING A*r_CHANNApAT1EJA;VA A A APPELLANT (By smt. A ADV.) SR1 .' Rf AGED :27 YEARS ~ V V R/0. B'C)OV__AN-AHALL1 RESPONDENTS
(By Sri. A RAVISHANKAR, ADV. FOR R2,
R. 1–NOTICE DISPENSED VVITH V/O. DT:08.07.10)
THIS MFA FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD
DATED:19.05.2008 PASSED IN MVC NO.2388;/2006
ON THE FILE OF ADDITIONAL CIVIL JUDGE .{SR;’DP€,)
8: ADDITIONAL MACT, HASSAN, PARTLY
THE CLAIM PETITION FOR COMPENSA’I’ION’vvEAN”i3-I ‘
SEEKING ENHANCEMENT OF COMPENS.ATI_QN;~.,::’ G
This appeal coming on for Adfrnjissionp;
the Court, delivered the following} ‘ _
JUDQMENI’
This appeal is bypthe for enhancement of
compensation awarded’ bythfi -.
2. Heard.’ admitted and with the
consent ofiearxied AC3–ounAse1 appearing for the parties, it
‘ _ is up for finaiidisposal.
3. _F”o_r”t.I'”1ep_Vs’ake of convenience parties are referred to
asreferred to in the claim petition before the
pp ‘-.,Tribui1aI~.
A “D 4,’ Brief facts of the case are:
$6”
That on 27-5-06, when the claimant was
proceeding with his Seooty in front of Swapna I-‘Iotel,
Shankarmutt road, Hassan, the driver of Tata Sumo
bearing registration No.KA–O3-P–2574 drove the safne in
a rash and negligent manner and dashed against
As a result, the claimant sustained inju_ri.e_s_’.’=._Henee, lhe__
filed a claim petition before Hassanl,’
compensation of
impugned judgmentjl award:/:l1_\e’.has awarded
at 6% p.a.
Aggrievedil V. Corripensation awarded by
the in appeal seeking
enhancement’
5. 4;’ there is no dispute regarding occurrence of
‘acleidelnt,negligence and liability of the insurer of the
the only point that remains for my
cofisicieration in the appeal is:
, o Whether the quantum of
compensation awarded by the Tribunal is
A just and proper or does it call for
enhancement?
claimant was admitted to Tejaswini Hospital, Mangalore
with the history of road traffic accident. He has
sustained cornminuted fracture of lower
tibia and extra articular fracture of
Claimant was operated. debridierr1er;tg_wgas.;«done and t
was discharged on 24-6-06. Sec__oi’1d.
on 06-0606 with ilizirich””fi§§:ation on
24–6«~O8. He was wasvrernoved and
plating was done and inpatient from
17–9–os to 3o5 9;io6g land’iagainfreadrnitted on 30-11-06
for Doctor has further
depos_ed._ examined the claimant on
l8~5~ and it shows fracture was
but is: residual stiffness of left ankle and
» thereVisrestriction of movements and claimant cannot
H fo’ru7lon’gVVdistance without support, since left leg of
the petitiyoner is shortened by 1 cm. Claimant has
it Atsuffereld permanent disability of 30 to 35% to left lower
‘limb.
8. Considering the nature of injuries, Rs.25,000/~
awarded by the Tribunal towards pain and suffering is
on the lower side and it is deserved to be enhanoedvviby
another Rs.10,000/– and I award ”
this head. .
9. Claimant has produeed invedicai ::f01′
Rs. 1, 12,399/ ~ tnc1udingb:§Ci’5ahee” 1:311!-_ ‘ dfrilbunaii ”
after deducting theamouAn.tuipertaining”‘toadirance bill
and after scrutinisirigaho rightly awarded
Rs.1,00,00Q/.4? and there is
no sco§5e”fo’:r, this head.
10. as inpatient for 43 days on
three ooc-asionVs~.. Considering the same, Rs.10,000/–
by the”‘”T’ribuna1 towards incidental expenses
s1iCh,_”f–.as dbcvonveyance, nourishment and attendant
ehargesiston the lower side and it is deserved to be
AA enhantied by another Rs.5,000/– and I award
‘A.V_V’Rs:’é15,OO0/– under this head.
63,
and duration of treatment, a sum of Rs.10,000/– is
awarded towards loss of income during laid up period.
12. Considering the nature of injurie5,;f–.
stated by the doctor and an am_o.unt of”disce.fi1forti’_:ar1’dif
unhappiness the claimant he h.as1’_’_to
rest of his life, Rs.15,000/f+_V:v”‘~awarded
towards loss of amenities “jth’e–»-lower’side-and it is
deserved to be enhaneeei’by.£fi;otiierii§s«..5,ooo/« and I
award Rs.2o,oojo/.5 uriderthisjphfeadp, *
13. Claimant_”V;*’jis 22 years. Multiplier
applicable is ‘I8′. His income is
assessed month. Doctor has stated
he isuffercdfp’disability of 30 to 35% to left lower
and his employer examined as P.W.1
not stated what is the loss of earning
V . after” he’-Vipsusitained aforesaid injuries in the accident.
VVf”4″‘x’i7l’hcrefore, salary of Rs.2,100/– per month taken by the
for calculating future loss of income and
its/15,360/– awarded by the Tribunal under the head
future loss of income is just and proper.
$1
14. Rs.10,000/- awarded by the Tribunal towards
future medical expenses is just and proper.
15. Thus the claimant is entitled for the
Compensation:
1) Fain and suffering j.
2) Medical expenses A’ R’s.__1,»O0,0’O0.,./
3) incidental expenses Rs.
4] Towards loss of -ineomevh a _ I
during laid up period 10,000/–
5) Towards rioss ofamenities Risk 20,000/-
6) Future lessiof Rs. 45,360/–
7) Future mediai expeVns.eis– ‘Rs. 10,000/ —
V1″ I §s.2,35,360/-
16. is allowed in part and the
Judgnientitand the Tribunal is modified to the
extent. stated ..V_1fV1:erei1:*1 above. The claimant is entitled for
it tovtaip-oornpensation of Rs.2,35,360/– as against
‘- awarded by the Tribunal with interest at
the enhanced compensation of Rs.30,000/–
it ire-am the date of claim petition till the date of
realisation, excluding interest for the delayed period of
293 days in filing the appeai.
10
17. The Insurance Co. is directed to deposit the
enhanced compensation amount with interestj*'”Wjithin
two months from the date of receipt of a
Judgment excluding interest for the
293 days in filing the appeai.
18. Out of the enhanced-fiornpensation’:._;5G’%”j VVith*t’
proportionate interest is ordered”to. be irxvested in FD.
in any nationalized’ the name of
the claimant fora period’ rieritewable once in 3
years proportionate
interest”is .ordereTd’to’ released in his favour.
N oorder as costs.
Sd/*3
3.1375455