Sri K B Chandrashekar S/O Sri … vs Sri S Manohar S/O Sri Swamy Kannan on 25 August, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25%: DAY OF' AUGUST 2009, 
BEFORE _ ' H' '
THE HONBLE3 MRJUSTICE N. ANA.D3--D;4X::'.Vv V  L.
M.F.A.No.1603/200?'    V1,': "
BETWEEN: «  ' "

K.B.Chandrashekar

S/0. Sri Balamuddaiah 

Aged about 33 years _ .

R/a: NGJ341, Kuvempunagar'- '

Vijinapura "  ._ s   __ 
Bangai0re--560     ' V. "  I   ...Appe11ant

{By Sriyuths.    i;1;1'I.i CiG§inath.S..
Advocates) 1 " 'V  »    

AND:

1. Sri--S.ManGhar':_G'~V  
S / 0. " Sri A Swarny 
Aged about 32;. years"
V, ._§NV0;36, Mi'11i__Tajmahai Street
~ ':M:atha~mma  Vijinapura

  Bangaidre-560 016.

  .Bajaj..Ai}i}aI12 Insurance Co. Ltd.

V  N0.105__--A:/107~A, Cears Piaza
 NQ'.'13FJ, Residency Road
Bangalore-560 025

 ..  Rep'. by its Manager. ...Resp0ndents

    O.Mahesh, Advocate for R2; R1~«Service of notice is
V'  dispensed with}



This appeal is filed under section 173(1) of M.V.Act against
the judgment and award dated 08.07.2006, passed in MVC
N0.858l/2005, on the file of the Member, Mayo Hall Unit, MACT,
Court of Small Causes, Metropolitan Area, Bangalore [SCCf%l~"'O},

partly allowing the claim petition for compensation and_4vsee-king

enhancement of compensation.

This appeal coming on for final hearing this   H

delivered the following: _. ~ -- .. __

JUDGME&g_hn

This is a claimants appeal "fr_;)r" enhef:tri(:err1ent:'; of 

compensation.
2. l have heard  learnledvy Counsel
for claimant and Sri   Counsel for

Insurance     

 As   V and evidence of PW2-
Dr.G.Gopalakrishna,':.C;clai3rlant~"had suffered fracture of right
clavicle, 1igan'ientou_s- injuryllbetween L3 and L4 vertebra. The

in Bowring 8: Lady Curzon Hospital

  At the time of accident, claimant was

aged 'about  'jzears and he was a tailor by occupation.

 as   'The Tribunal has awarded compensation of

"«C :d-Rs£H£50O/-underflflkmdnghead$- ;



1. Pain 8:: suffering : Rs. 10,000 / -

ll. Medicines : Rs. 8200/

III. Nourishment : Rs. 800'/i-'u

IV. Attendant --.j_n*1;.iugned award.

.  heard learned Counsel for parties and gone

it H  Vlyth-.Arougn'vtlie records, E am of the opinion, there is no tangible

 .1
W'  ..V,,» w.



evidence in proof of "loss of earning capacity and loss of

future earnings".

8. After going through the cornpensatiorr"~award%%d' 

under other heads, I am of the opinion_.Vco_mpen.sation"rd

awarded under several heads is on the Eower  

compensation awarded by Tribrrnal is 'modified as".t,fo11o7wsii--Ad'
1. Pain 8: suffering  Rs.2VG,(d)("J0£/.; 
11. Medical expenses .  '_  " j4r2.;%;';tr1.'o,ooo/4* 

III. Nourishment, food, Atte'r1flVan_dt»';~_    
Charges, Conveyance"C11arges  Rs; €1,000/~

IV. Loss of incodrne  period   
Treatlnerft     " Rs.10,o0o/~

V. Loss of amenities of
Life a      .--

: Rs.25,000/~
Total compenVsatio_nV"" 2 Rs.69,000/--
  View ot""thc----aboVe, I pass the fo11ow:ing:~

ORDER

‘d A is accepted in part. The impugned award is

‘g_:nodifiedi.’ ‘Qompensation of Rs.31,500/~ awarded by Tribunal

V’ dfiisddw enhanced to Rs.69,000/~. The said amount shall carry

‘ interest at 6% per annum from the date of petition till the

N tbgmmra,

date of realisation. Parties are directed to bear their costs.

Office is directed to send back records aiong with afi

this order.

SNN