IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF OCTOBER, 20;
:PRESEN'1': ' '
THE I-ION'BLE MRJUSTICE _ 3
AND I t K V
THE HON'BLE MR.J"LT.$TIC'E.ii.'-S.KEM2P.ANI§IA°': V
M.F.A.No. 6533503 2oo5.{1W) 2
Between: 3 V. t t
sn. P.Senthi1, H
S / o. Late Sri. I?e'fi3(asw:aI:iy; .
Age 27 years; ' =:
R/at No. 53;
Haji Ali Co"mp3;e'x_,
01dTh8-r11g_i5€i§' '*-1;... .. ' ._ '
Bang§L1ore«56i)_OO2;, ' "
A A V .. . .AppeIIar1t
{By Sri. Advocate)
'iAmrl:1Q€,. ,.
'lo. t"1:a£1§§ar;ika State tndustriai
" =!nvestm'ent Dev. Corporation Ltd.,
Vt Nto;3"6, MSEL>House,
' A "--Cur1ror1gh}1m Road,
'-.,_Ban.ga§oj1*e~560 052.
By its Chairman and
M'at"1aging Director.
Karnataka Government
'Insurance Department(KGID),
V1dhana Veedh1,
Bangalore-560 001.
By its Director.
.. .Resp0ndents
{By S1-i. E. Rangegowda, Advocate for R1;
Sri. Sangarnesh.G.Pati1, AGA for R2)
*:!=****$
This MFA is filed U/S 173(1) of MV Ac-t:"aga;inat"ttiie«
judgment and award dated: 17 / 03 / 2005 pas.seVd"eVin C No". ., pg
4165/2000 on the file of the X1X~~Add1. f_SCgJ"'anr1 I'./i_A,C"i7.,
Bangalore, (SCCH--17), partly allowingbflie e1ain1'epe'titi.on_for'
Compensation and seeking enhan"eemen't of~.cornpensation
with interest at 9% RA. _' --
This M.F.A. coining donxtfor Hearing this' day,
N.K. PATEL J, delivered the fo1lowing=:._
This appeal by"'ti1e:fa_t5pej11an.t'_ iisvdirected against
the impugn~e'd_jitiidgrnentl iand.._«-award M am 17/03 /2005
passed' in on the file of the XIX
Additiona1«._4.gSCJVV' "Motor Accident Claims Tribunal,
Barigaloreg, (S"C'CI:i_:}.v7), [hereinafter referred to as '
an ' Trib1,i11ai'i fonshort).
.' . judgment and award, the Tribunal has
awarded a sum of ?1,20,000/-- with interest at 7% pa,
A front the date of petition til} its deposit as against the
eiaim made by the apzeilant for a sum of ?15,00,000/--,
f
{f ___m_m__H4.,...._,,.
on account of the injuries sustained by him in the road
traffic accident.
3. In brief, the facts of the case are: if
The appellant claims to bewaged if
working as a coolie and earning
was hale and healthy prior accident;l'~.:HeVl*ias"jfiled" V
a claim petition under.' sectio~n:.."g_i66-.iAof before
the Tribunal claiming against the
respondents? sustained by
him in the’ occurred at about
lO.OO:~”p’;i;1:{iylhonilii16:;lV,Q;VlEl9EJ””*due to the rash and
negligent of Hoysala Van bearing
No.KVAv.O4.N.9V147V Iyengar road contending
iirview oflt’he”injuries sustained by him, he has
a_l_.tal{l_eii in the hospital for 23 days as
inp_atient.l:l’a.pent reasonable amount towards medical
V’-».expenses, conveyance and other incidental charges and
x”Vl.As’uffe.red permanent disability and the Doctor has
_,i_a.ssessed the disability at 40% to the whole body. The
%_ZmMM.
I’
said claim petition had come up for consideration loefore
the Tribunal. The Tribunal after hearing bot}:-t:’si.d’es
and after assessing the oral and documentai’§’ eVid’er1ce’;–r V’
has allowed the said claim petitioi’1’inppa’rt
a sum ?1,20,000/– as compenisationll
heads with interest at 7% “th_e’date Vofélpetition it
till its deposit. Being’ the ‘quantum of
compensation awarded appellant
has presented.-:;t:pp1’iis of
compensatiion’;.”—-. ” it it
H learned counsel appearing
for appellanlt Additional Government
Advocate appearing for SW respondent.
V-is.”‘:5.a.j-~.After perusal of the materials available on
the impugned judgment and award
passed byltli-elJ’I’ribunal, it emerges that, the occurrence
the accident and the injuries sustained by the
it rappellant in the said accident are not in dispute. The
_Tribunal after assessing the oral and documentary
evidence and other material available on record, has
awarded a sum of %’25,000/- towards pain and
sufferings and a sum of ?°9,000/– towards loss of ‘income
during the period of treatment. The said ‘
awarded by the Tribunal is justeaud
therefore, it does not call for interference. T
6. Further, the Tribun’aLphasV’ of V
?8,000/- towards mzedical”” -.e§:penses,f””coni}eyance,
nourishing food and if attendarlt a sum of
?78.000/- t_owards income. The said
compenlsationi,awa1’de’d,:’by tlie”‘Tribunal is inadequate
and it n.eed_s to Further, the Tribunal has
erred in not~vafwa1iCiing_ any compensation towards loss of
“”~-future i,_A’-unhpappinessfv and loss of amenities and
to be awarded. The Tribunal has
assessed .t’_h:elincome of the appellant at €3,000/- per
1″”‘««.’_v”rnonth,v,the same is just and proper and we accept the
if In View of the injuries sustained by the appellant,
has suffered permanent disability, the Doctor has
%4
HQAD_”‘
6
assessed the disability at 40% and the Tribunal has
assessed the disability at 12% to the whole
same is on lower side and it needs to be ‘
Doctor has assessed the diSabilitjyF”’at4é}O’9/o ” of if
the same would be the whole
40% comes to 13.33% andfit.:is._prounded -offv_:to~–.bI2i%”:and ‘V
that wouid be the whole ‘1″l1e~”appe11ant
was aged about 22 the appropriate
multiplier applpicabie .in:to”:eo’nsideration the
nature of duration of the
treatment. of disability suffered,
which we award a sum of
?10,O_O0/-2 f”toward’s fginedical expenses, conveyance,
food attendant charges instead of
of?e;oco;’ae;ptz=i1»::§
9:000/– towards loss of amenities of life and
fiituire unhagypiness and a sum of 390,720/– (8,000/– x
x 14/100) towards loss of future income.
if = 7. For the foregoing reasons, the impugned judgment
award passed by the Tribunal is liable to be
aévoouu.
/
modified. The total compensation payable comes to
?1,49,720/- and the break; up is as follows:
Towards pain and sufferings ? ‘-” if A T’
?’
Towards medical expenses, _
conveyance, nourishing food and A
attendant charges ”
Towards loss of income dfuring’;they
period of treatment
Towards loss of amenities it it a p –
Towards future medical expenses ?’ 9Q§720/ ~*
‘i’bta;i-Q ? 1,49;72o/-
8. Accordingly, the in part and
the iinpugned”‘j§tidgrfi._enit passed by the
Tribunal stands modified, awarding
the cori<1pen'satio1i:V:'o:fV /- instead of 31,20,000/–.
The enhancedv comes to ?29, 720/» with
intertest__tA'atv 6%'"*p…a_._,_vfrom the date of petition til} its
'rea'ii.satiVo11.'f. ..
T . H ‘””‘I’iV1e respondent is directed to deposit the
‘v,_penhan.ce’c_1 compensation with interest within two Weeks
A ‘~:t_”‘i'”it’tvo;i1?’1″~«_the date of receipt of a copy of this judgment and
award.
/was
The enhanced compensation with interest shall
be released in favour of the appeiiant, ixrxmediateijg/’;’
deposit by the Insurer.
Draw the award, accordingly-
tsr1*