High Court Karnataka High Court

Sri H S Shivaswamy S/O. … vs Director on 29 September, 2010

Karnataka High Court
Sri H S Shivaswamy S/O. … vs Director on 29 September, 2010
Author: B.Sreenivase Gowda
N <T."»'

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATE? THIS THE 29"' DAY OF SEPTEMBER, 2010
BEFORE

THE HON'BLE MR. JUSTICE BSREENIVASE 

Miscellaneous First Appeal No. 10999 of 

BETWEEN

Sri. H S Shivaswamy,

S/0. Somashekara

Aged about 14 Years V  
Represented by his natura3.d_g":1_Vardian V
Father Somashekara,   
Aged about 38 Years,    
Hegdehalli Village, Shantig1*ania~ Ho3:a1i,
Hassan Taluk.   _   g  TA " 

:pWepp._pR',,prseM 'H Appeuant

  B S Ananda, Advs.}

f_\_11_é V'

1. _Direet~<wr"  _ ~
 Vij.ayar1anda Road Lines
 Ne..4;~ KSCCF"'Bui1ding
_ E?aff1P.?11I1ahakaViRoad

V ' sAC:i1aIn.ar_.aj.apet
 Bahgalefe -- 18

4' }\/ivafiager
'Fhe New India Assurance Co. Ltd..

Ad  Srinatha Complex,

'--  11 Floor, New Rajanapete.
Hubli.
Represented by
The New India Assurance Company Limited,
1-Iarshamahai Road,

£355"



Hassan -- 5'73 201.
 Respondents

(By Sri. Vishwanatha R Hegde, Adv. for R. 1, 
Sri. A. K. Bhat, Adv. for R2)

This MFA is filed U/S 173(1) of MV Act 
judgment and _ ward dated: 28.1.2008 pass'e~d_e'in__i'N{_VC

N0. 1209/200; on the file of the Add}..-u'Dist,_VJi1dge,
Member, iVIACT--H, Hassan, partly aI1oX.3.fi.ir_1_g.Vvth.e .eiajn1., 
petition for compensation and -se'e1-:ing-'_4enha11eeInvent"of '

compensation with 18% interest.

This appeai comingon f0r"A.Admissi'on;, 

the Court, delivered the foiieyvingz .
JUDGMENT

This appeal is enhancement of
compensation . awarded

2. V1″-Heard’ is admitted and with the

eonsentxofa appearing for the parties, it

Lip for’fin.._aidisposaI.

thfesake of convenience parties are referred to

ads”-theiyf are referred to in the claim petition before the

~ Tribunal.

it 4-. Brief facts of the case are:

$4

That on 24-2-06, when the claimant was crossing
the road, a car bearing registration No.KA–01–Z–4576

came in a rash and negligent manner and ‘ri’a»shed

against him. As a result, the claimant ;w””‘–s1’rst_,aVined

injuries. Hence, he filed a claim the

MACT, Hassan, seeking compeinsationi

The Tribunal by impugned..__judgrnent

awarded compensation of interest at
80/3 p.a. Aggrievedv _th._e __of compensation
awarded by the Tribunal is in appeal

seeking _of_Vcon_apje.nsation.

5. As “there npofltiisptitei regarding occurrence of

accident;’ neg1,Vi_dgednce”~a:n4d~~”liability of the insurer of the

offending’4″\§1/iicie, only point that remains for my

” consiéierxatiori inmthe appeal is:

” A ‘Whether the quantum of

Vc.on;ip’ensation awarded by the Tribunal is

“just and proper or does it call for
” .___enhancen1ent’?

After hearing the learned Counsel for the parties

it and perusing the award of the Tribunal, 1 sun of the

fir

View that the compensation awarded by the Tribunal is
not just and proper. it is on the lower side and therefore

it is deserved to be enhanced.

7. As per injury certificate — Ex.P.6,

sustained the following injuries’

1) Deep lacerated woun’d__ the forehead?”

ii) Deep laceration’ the left. .sid.ej’vofl’the”back. if ‘

iii) Multiple. Iac’erat1’oni.o’n’ kr1ee’j0’int.

X~Ray [CT Scan]’_ mild diffuse
cerebral’:ed’ema_i if if if
Injuries also evident from
disciviarlge clausevflsummary card — Ex.P.8
and evidence of the claimant

examined P’.iW.1″.- Doctor is not examined regarding

if ” A of injuries sustained and disability suffered.

lConjsi.dVering the nature of injuries, Rs.10,000/–

awardedlby the Tribunal towards pain and suffering is

f.Vori*«_.the lower side and it is deserved to be enhanced by

léanother Rs.i0,000/– and 1 award Rs.20,000/– under

this head.

i

9. He has produced medical bills for Rs.5.404.3l ps.

and he was trieated as inpatient for three days at St.

Johns Medical College Hospital, Bangalore.

Considering the same, Rs.9.500/–

Tribunal towards medical and inoidental–.ex:’p.etises_ is one

the lower side and I award

head.

10. The elaimantvilsgl Irliinorhlageld..about”12″grears and
treated as inpatient College
Hospital, B§ai;:g_{laVlore;=’__’ looked after by
his period leaving their
regullarlll :31′ sum of Rs.5,000/- is
awarded’ income of the parents during

laid up peri.od’.~»

1… is not examined regarding disability.

” .B’esides.E3_af’ure of injuries do not indicate any disability.

‘l”‘he.refore, claimant is not entitled for compensation

A.Vu’ri_der the head loss of amenities and loss of future

income.

fir

12. Thus the claimant is entitled for the following

compensation:

1) Pain and suffering Rs. 20,0′(h.3’0o/–

2) Medical and incidental

expenses Rs. A’

3) Towards loss of income of
parents during laid up

period A siiltsilooopt/~ssis ”

13. Accordingly the appealwis part and the

Judgment an aWa1%(i~i:0fi;hg modified to the
extent stated Aherein..a}§o§1eih;ll._ilflie is entitled for
a total — as against
Rs. Tribunal with interest at
6% l’p.a.*_- tliej compensation of Rs.20,500/–
from date petition till the date of

ife~alis_ation,Ilexcluding interest for the delayed period of

‘ filing the appeal.

1’44. insurance Co. is directed to deposit the

it A. enhanced compensation amount with interest,

l ‘excluding interest for the delayed period of 217 days in

‘T filing the appeal, within two months from the date of

receipt of a copy of this judgment and the same is

ordered to be invested in FD. in any nationalized or

scheduied Bank in the name of the claimant for

period of 7 years, by which time the ciaimant W111

majority.

No order as to costs.