IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 14*" DAY OF OCTOBER 2009
BEFORE
THE HONBLE MRJUSTICE H.BILLAPPA__ R B
M.F.A.No.11997 OF 2006 {MV] B
BETWEEN: O
Sri.IVI.Rajanna.
8/ 0. Late Muniyappa,
Aged 38 years,
R/a No.11, 831 Main.
8th Cross, Shivanagar, .
Rajajinagar,
Banga}ore-- 560 010. ,";;APPELLANT
{By
AND: O A O O O'
1. United India Iné.u_ran.Ce C0.E;td.,
_{)..O.VI.II.; CKN Cha'mb§:rs«,.
I-V,415€'F10dr,' 15S1'.M'a.in Road")
No.25;~SVha;1}=:araI1arayana Bldg. ,
Bangaiore 560 50021.
V By Its.Manage'1j'--i
Shariff,
" " AR./'$1 No.10;-10"! Main,
A}rJ{iyaf':--pa Garden,
M.N2_1gar;' Yeshwanthpur,
' .__Bé1ng;a10re. ...RESPONDEN'I'S
L/
{By Sri.U.AbduI Khader, AdV.For R-- 1)
This MFA is filed U/S173 (1) of MV Act agathstiithe.
Judgment and Award dated 31.3.2006 passecii iri" .
NO.303/2004 on the file Of VII Add]. Judge, Member, BI§ACT~3,--
Court of Small Causes, Metropolitan» Are:'a;""'-Bangaloree.
(SCCH«~3), partly allowing the Claim Petitiori' fQr"4.cor11p_en_sati0n
and seeking enhancement of Compensafiony" ~ '
This MFA coming for Admiss'iQr1
delivered the f0110wing:--
J U I}
This appeal is directed and award,
dated 31.3.2006, by th_e "Ba~r1ga1ore, in MVC
No.303/2004;; _ 4 % %
2. 'thei and award, the
Tribunal has graitte-id ,(:'0rriper1'sati0n of Rs.1,15,000/~ with
in;.,ga;.tEaSt f1~0fi1""the date of petition till the date of
. pay1fié.n'Q it i[f'rf V
3. by that, the appeuant has filed this
' " agg-peai.. seeking' enhancement.
1'/..
4». In brief, the facts are, the appellant sustained
injuries in the accident that occurred on 14.11.2003.
4.30 p.m., near 19th cross, 151 block, Rajajinagar,.-'4'i:§angaio1te.;""*iA '
on account of the rash and neg1igent:'driving' it
cycle bearing No.KA--O9--K--96 by its A':
claimed compensation of Rs.3.2V5'.'vd:OQp/--. 'The has it '
awarded compensation of 1?-1s..._1,15;OOoi]} 'with inte'res"t at 6%
p.a. from the date of petition of payment.
Aggrieved by that, theiappeliantdhasfiled. appeal, seeking
enhancement.
5. '}The the appellant contended
that the compensation" by the Tribunal towards loss
of_.atnenit_ié:.s of life inadequate. He also submitted that the
any compensation towards loss of
:"V"i..fupture loss of income during the period of
_fitreatn1ent," needs to be awarded, He, therefore.
the impugned judgment and award needs to
'V.bte.._fIiodified. L2
6. As against this, the learned counsel for the 151-
respondent submitted that, the Tribunal on proper
consideration of the material on record, has awarded just and
reasonable compensation and therefore, it does not
interference.
7. I have carefully considered the l
by the learned counsel for the parties.
8. The point that arises’ for
whether the Tribunal has awardedchjuyst and ‘ ‘reasonable
compensation?
9. the Tribunal has awarded a
sum of Rs.;10,pQOit’)°/’–._:’tovifardslloss of amenities of life and a
“of — disability. The appellant has
suffered “of~.oecipital bone, fracture of right parietal
“.__b”one and”ceerebralf~contusion and the injuries have resulted in
disability. The doctor has deposed that the
immediate memory is about 25% and the
V.
appellant will be prevented from doing his job successfully.
The appellant has to suffer discomfort throughout
However, there is no evidence that the appellant is ~
do any work. Therefore, corripensatiorr”cannot loe’i–Vawar_(::i~ed’.,, if
under the head of loss of future earninl’gs,:’.lou’t,
needs to be awarded under ”
discomfort. Having regard ,t’o._the piiattiirellof__disal:§i1ity”ar1d the
discomfort the appellant has r,co’r_1sidered view,
a sum of Rs.60,0Q0′,”‘:.,Vp:would ,;be..’a’-reasojnapble sum towards
loss of amenities and accordingly it is
awarded.
10. Thel”§.’_4riburiall4Vhasijlawarded a sum of Rs.5,000/–
towards of incorri-e. during the period of treatment taking
the’–incor’nepc=f’the«,appellant at Rs. 1,250 / – pm. The appellant
working» carpenter. Therefore, the income of the
.,ll_fpi*’apppellant be’ taken at Rs.3,000/– pm. Accordingly, a sum
– is awarded towards loss of income during the
H treatment.
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11. The compensation awarded by the Tribiiinal
towards pain and sufferings. medical and
expenses is just and proper and therefore, it does not oa’lls” ~
interference. p
12. The total compensation ‘payable ‘to
Rs. 1,417,000/- and the breakup is asV«llo1lows;
23.) Towards pain and sufferirigs’ _ 5 /..
b) Towards loss of amenities,ofv:’_fi _
Life and disabili§ty’«.._T_’. 1:
e) Towards medieal fRs.20,000/ —
d) Towards ' ' » _ Nourishing food. V' ' ' Rs. 5,000/- e) Towards losslof
The period of treatrnevrit ‘ Rs. l2,000/-
Rs. 1 ,47,ooo/w
Ae’c’ordingly, the appeal is allowed and the
jndgment and award, passed by the Tribunal, in
“NVo;SCl)3/2004, stands modified, granting compensation
lo£rRs».11i,47,ooo/fi instead of Rs.1.l5,()00/– with interest at 6%
2/
p.a. from the date of petition til} the date of realization. The
15′ respondent shall deposit the amount within eight’
from today, excluding the amount aiready ”
entire amount enhanced shall be release-deintd .of4.J_thé.,.A
appellant.
Draw up the award, accordingty’;.,::’
-_ j .fgJUDGE
._ ‘-