IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 02"" DAY OF SEPTEMBER, 2010
BEFORE
THE HON'BLE MR. JUSTICE JAWAD R'AHm::
MFA NO. 14551 OvF'2'O--O7(M:\/)O.VV'4" A
BETWEEN:
AND:
SRI.N.MUNRAJU,
S/O K.NARAYANAPPA,
AGED ABOUT 38, YEARS_,... I
RESIDING AT ET__H'ALAHAt,LI' VILLAGE,
SIDLAGHATTA
CHII<:<AE.AI_I_ARuRA'-DISTRICT; _
~ . ...'.A.9R'ELLANT
(BY SRI 'N'«,;G.OPA1_KRISHNA,' AD\/..,,f)
1. SEI"§E'v.WEC}!§AN..'**3--JMAF3,
, 53/0 GOWIDAPPE E' ..
' ,i_\4AJOR.._BY4.AG_E'-,._ "
NO.1AI.O,.ImAINC, 57" CROSS,
GOVINDARAEANAGAR,
vIJAYANA.(3AR,
E BANGALORE ~-- 560 040
FF v20;"«._,C)'F{I'El§i,.i'AL INSURANCE CO. LTD,,
' NO.'fI::23, NEXT TO CANARA BANK,
~BELLARY ROAD, HEBBAL,
BANGALORE -- 560 024
" REP : BY ITS MANAGER.
RESPONDENTS
(BY SRI M.SOwRIRAJu, ADv., FOR R2)
>§1S-EEKING
ENHANCEMENT OF COMPENSATION. ~ :..
THIS a’\PPf:f&i; IS COMING ON FOR H’EAl§1~E\lG~:::O«N
DAY, THE COURT DELIVERED THE’ F’OLL.Q\:1{IN:€’–}_:?~v V
JuDGMENTT( 1 l
This is claimant’s app’é’alragainst._thAe:.l-ijddigrnent and
award in MVC No. on the file of
learned Addl. Civil Koiar, seeking
enhancemer1_’-.~:.”g__.
2. .4_.H..eard_._._~_ ~. «
: ‘ Alp”péti!.ar’.tc’fi*le’d”-claim before the Tribunai seeking
grant of”c9rn.per:sai:;i.o”nililhoélding the driver of the offending
bug;responsi’b’Ee:Vfor_the case of accident. The iearned
»:iViembVer«.%-otwthe Tribunal accepted proposition in the
‘H’Dl’ea’diVVndVs’_”L-.aiIdl..evidence and Concluded that the accident
‘occurred on 23–02–2004 at Anuru Tank bund road on
“CiiI.i4thaVnTani – Sidlaghatta was due to rash and negligent
bciziriving of the driver 0 the offending bus. With regard to
it “nature of injuries Tribunal has accepted the evidence that
claimant has suffered fracture of right shaft, fracture of 2, 3
and 4 metatarsal bones, compound fracture of ariizle and
ankle was dislocated as per Ex.F>4.
4. The Tribunal has awarded Rs.avo,ii)bo:/lfé: t«owa;rds,aV._,V
pain and sufferings, which is rea,sonablfe ‘4an.d.,.’I’–cownfifrin,1the T’
same. Towards treatment,-r___medVi”cal”‘expen’ses,_ etc.,”th’e.
Tribunal has awarded Rs.1’V’O,£i'()0/f’, needs to be
marginally increased Fer Lossiof amenities
the Tribunai has considered. at 20% to the
whoie body, ipa’rtici.il:avr’Kl’im-bi’and awarded a sum
of aiicuifistance, compensation the
tuowunder this head needs no
interfer’e.nce the same. The Tribunal has also
awarded surfrx”‘of.”Rs,10,000/– towards loss of income
taking the income of the claimant at
fwh~ich is reasonable and is affirmed. Towards
food, n’ouri’shment and conveyance the Tribunal awarded a
,,sumzo.f:Rs.5,000/~ which is also based on the evidence
–..V’p-roouced by the claimant and hence it is just and proper
V. ._..and is confirmed.
gilw
S. However, the Tribunal has not taken into
consideration the physical disability to consider’.–loss of
earning. Towards loss of future earning it has ttfb-eej’~b’ased
on the 50% of the disability of the limb as pet’iti,0inVe.r”‘iisi..Vs4til’l’»
able to carry out alternative occupaytioln. thef
compensation has to be based th_e”lloss’ that
suffer, due to disability oflthefiwhoie body; oi”
the claimant could be’taken—at..”Rs’.”3,QO€i/A?’per-vrnonth and
25% of it would be F-‘<s'.'a7§_f..);'–".' be Rs.9,000/-.
The multiplier.a'pplical:'bVle"iitvoujlydfjbeylw16:Viyihis gives us the
figure of as 'iconnpenswation to be awarded
u ncier ,t*i'rev h_ea.d loss' of' fut.u re' i'rlcorne.
6. ._ittheviiclaimant will be entitled to
comipensation’i’ri-th__e__following manner:
a Rs. 30,000/-
b) T_reatineri–t;:. Medical expenses, etc., Rs. 20,000/–
c) Fooizlfinourishrrient and conveyance Rs. 5,000/-