High Court Karnataka High Court

Sri Gopal Reddy S/O Late Thippa … vs Sri Chezhiya M S/O Sri.Muthuswamy on 2 November, 2010

Karnataka High Court
Sri Gopal Reddy S/O Late Thippa … vs Sri Chezhiya M S/O Sri.Muthuswamy on 2 November, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGAI 

DATED THIS THE 2ND DAY or NovEMBE;§;f ,

BEFORE

THE HON' BLE MR. JUSTICE 13;SREEN?[:VAi§Ii:'V:£if()x\5fI'£31A  V'

Miscellaneous First Appeal Nd.  df  ._

Between

Sri. Gopal Reddy, .  
S/0. Late Thippa Reddjr, ; _ .
Aged about 51 years,   
Residing at N022, 4%-VC.ro*ss;
Shivarama Re'-tldy Leiyoutfi
Bommanahi;11i;f'd  .,    V
Bangalore --    V. K

 Appeliant

   Reddy, Adv.)

 S:-i. Cheezhiya, M.
" ' 3-S_/d.._Sri. Mfithuswajny.
~  ..vMajo_f;~.Dinesh 11121111,
'  Crass, Geetha Road,
F1013'? District m»-- 563 122.

 x 2. H 'The Divisional Manager.

New India Assurance Co., Ltd.,
(1.0. XI, Tower Block,
Unity Building, J. C. Road.
Bangalore -~ 580 002.
 Respondents

(By Sri. G. N. Rajendra, Adv. for R2.
R1 – Served}

%'”‘

This MFA is filed U/S. 173(1) of MV Act against
the Judgment & award dated 26/08/2008 passed’ in
MVC No.6485/07 on the file of 141″ Additional, Jiidge,

Court of Sinai} Causes, Member, MACT,_.§’__Bang.a1_or;e;”p_
partly aliowing the claim petition for compenstaitionn» «St ”

seeking enhancement of compensation. 9 ” ‘

This appeal coming on for Admissi_on._”‘

the Court, delivered the foll,o_w”ir1g’.’ 0 ‘
Junoflfiflihl”

This appeal lay. ::’th_:eV”_clairnant seeking
enhancemerrtoif V’ ‘

2. vH_earde.V,’::’-‘i*;heV” adniitted and with the
consent-_of Alearnefd -appearing for the parties, it

is takenxip for”final disposal.

‘S’: 0′ 1F’.or’l’the sakeof convenience parties are referred to

1 was tlieyt_a1’eV”re_ferred to in the claim petition.

4.42 .. facts of the case are:

That on 28.06.2007 when the claimant was

Vfproceeding on his motorcycle bearing registration

No.KA–5l JW 6638 on V. Kota — K.G.F. main road in

front of Milk Dairy at Vaddarahalli a bus bearing
Qfi

registration No. TN 345 AA 1879 came in a rash-..gand

negligent manner and dashed against his

as a result the claimant sustained grievbusvinjuriest V’

Hence he filed a claim petition

seeking compensation of ‘aI°1d

Tribunal has awarded co1npe:nsation~.v_of– V

with interest at 8% ..

5. As there.is»no r:e’gaarding.Voccurrence of the
accident,;’negligen’ce the Insurer of the
offending» tl’1e”–. only”‘V~point that remains for
consirifirlatioii. ‘= . lg V

i’vJne:hef”ith;§ compensation awarded by

the Vfl’ribu’1’1a_..l.._i.s’ just and reasonable or does it
ca11_fo_1f enhancement?

helaring the learned Counsel appearing for

parties and perusing the judgment and award of the

2 A””i”ri.bunal I am of the View that the compensation

ugawarded by the Tribunal is not just and reasonable, it

is on the lower side and therefore it is deserved to be

enhanced.

7. As per Wound certificate Ex P 6 the claimanthas

sustained the following injuries:

9

i) Lacerated wound over right knee

sutured: 9 . -. . p

ii] Lacerated wound over riglit elbow? :3__ c1::-fr.

and fingers 2 XV3 cm. sutured: pp *

X–ray shows «~ commininted V right
patella; fracture of of Vproicimal and
middle phalanx ringfirage–r phalanx
middle him are also
evider_1_t__pf1€’o._rni’ P 7. Lab report Ex

P -Xérays EX. P 16 8: P 18, case

sheet l33′:»:,_ P17′ and .-sfiupfported by oral evidence of the

claimant aridathe doctor examined as PWS 2. l and 2

__ PW 2 Dr. Prakashappa TH. an

if ” o1’thopaepdic;='”sffsurgeon at Sanjay Gandhi Hospital.

Bfanpgxalore has stated that he found comminuted

if fractiire of right patella and fracture of lateral right

condyle femur. fracture proximal middle phalanx of ring

finger and fracture middle finger. He further stated

that immediately POP above knee slab was applied and
@

8. Considering the nature of injuries, ?.45′,’£_)>00/–

awarded by the Tribunal towards pain

on the lower side and it is deserved to

another sum. of $5,000/– and izhiayxrlardrilgi

this head.

9. As 145,520/– awardedidby the .fi_’ril3:¥;1nalH”to\’w.rardsVV

medical expenses V ‘rnedical bills
produced for the no scope for
enhancement’ ‘ ‘V at V

10. mg. iapaaeiit in Sanjay Gandhi
the sarae ?. 10,000 /-

awarded towards incidental expenses

such as lloonveyarice: nourishment and attendant

proper and there is no scope for

. ei_1hAanseerx1efnt”’under this head.

11. ,.__’1’he7AclaiIr1ant claims that he is working as a

.. Lecturer in Geography at Sardar Vallabha Bhai Patel

‘ “xiil3’1″éAscriptions–UniVersity College, Sarjapura, Anekal and

getting salary of $20,876/– pm. as evident from salary

is’

13. Considering the nature of injuries ?.15.,~~O_00/–

awarded towards loss of expectation of life is

proper and there is no scope for enhancernentvlundeér

this head.

14. Thus the claimant”lis”–~,entitled

compensation:

1) Pain and ‘suffering ; 2″ 50,000/-

2) Medical expenses’ V __ .-3′. 45,620/–

3) Ineidentailliexpensese»._ 1 3. 10,000.

4) Loss-of ainei=f1ities° _’ as r 40,000 /-

5) Loss. ex.pe_(“:tatior1–fvoflife ? 15,000/–

“”” 2′. 1.60.620]-

15. is -allowed in part. The

judgment ilandfiaivard of the Tribunal is modified to the

hereinabove. The claimant is entitled for

T’.at-.__«tota’l~_..v.__eornpensation of ?.1,60.620/- as against

— awarded by the Tribunal with interest at

V ” 6% on the enhanced compensation of ‘\”.15,000/–

the date of claim petition till the date of

realisation.

16. The Insurance Company is directed to deposit the

enhanced compensation with interest v\.’Vv.’_i’t’}’.1V1″V’n:F.’t\?ir’V()

months from the date of receipt of a

judgment and the same is oifdefed be-1}_’e’lea_Vsed in

favour of the claimant.

No order as to post.