IN THE HEGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF OCTOBER 2009'-'E.'
BEFORE
THE HONELE MR. JUSTICE N. ANANDA ,1"
MISCELLANEOUS FIRST A1>PEA1,EANOALORE-- 1. ... RESPONDENTS
(Sr1...«.2;\/1. NARAYA}'»IAPPA_, ADVOCATE FOR R2; R1--SERVICE
'A V' OF NOTECE DISPENSED WITH)
" _ APPEAL FILED (3/8 17311} OF MV ACT
1AGV"'--NS'1'" «1'_1:1_E'..;';3'UDCMENT AND AWARD DATED: 4.8.2008
PASSED IN 1'v'fVC NO. 2690/99 ON THE FELE OF THE VIIE ADDL.
JUDGE, COURT OE SMALL CAUSES, MEMBER, MACT--V,
'g_ME'TRO.POLITIAN AREA, BANGALORE. {SCCH.NO.5}. PARTLY
THE CLAIM PETITION FOR COMPENSATEON AND
SEEKENG ENHANCEMENT OF COMPENSATION.
_f'1'§-IIS APPEAL COMENG ON FOR FINAL HEARING THIS
* OAY, THE COURT DELIVERED THE FOLLOVVING:
J U D G M E N T
This is a c1aimant’s appeal for enhancem’ent_<'_i'of
compensation.
2. I have heard Sri Rainaehandra. Ft.” it
counsel for claimant.
3. The claimant had suffered frfla-ctiire oi’v:ne;c1«:.._VoVf
femur. The claimant was aged ahbnit years the time of
accident. The claimant.._Rwas _a First Division
Assistant in P. L. D. _ Bank’ at ‘ * .
4. suffers Vhf1″ofri””residua1 effects of
injury. it has his work. Neither there is
reduction of._sa1ary’norA.raxik;. The claimant has not produced
dociifigients to he had suffered loss of earnings
A V ‘ ‘ . 2 dating pVe1’iod:o–f treatment.
” ‘ ‘t.’fTh§;’;:=.vV’V’1’ribuna1 has awarded compensation of
‘V Rs. under following heads:-
M (1) Pain and suffering: Rs.25,000/-
1,M..
qv. s::…/
3
(ii) Medical expenses with
incidental charges : Rs.25,000/–
(iii) Loss of amenities : Rs.-40,000/–
(iv) Future medical expenses: Rs.10.000.pf’–*–.»p
6. On hearing learned counsel for claimantid»
the considered opinion that compensation awai*ded:VA_ib3v?’ the _& it
Tribunal towards future medical :expenses7.is-:’inadequ’ate.l7
The Tribunal should have awarded ‘r.:otriz.1_pensatiA:.)n’v towards V’
conveyance charges, nourishinent foot:’._l attendant
charges. Therefore, 1 award .eornp.eji1slat,ion of VRs;’20,0O0 /_
towards future medical ~ towards
conveyance _t food and attendant
charges.vlA”iIjhus, ‘entitled to a total Compensation
of Rs.:.i,..15,ooo/}a » A V
‘AIn”ChA\€ Pass the followir1g:–
l l énnnn
The Appeal is accepted in part;
” . :3 (ii) The impugned award is modified;
-“}*\§ .. /-..,w.g”L.’-” E
RKK/–
{iii)
” (iv)
Compensation of Rs.1,00.000/–
the Tribunai is
enhanced to Rs.1,15,000/– with
awarded by
interest at the rate of 8% p.a.f”‘–”
from the date of this petition ii
the date of reaiisationqa
Parties are directed Vdto hear th’e–ir” . «. V’ ‘
costs.