IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2339 DAY OF OCTOBER. 2010
BEFORE
THE I-ION'BLE MR. JUSTICE B.SREENIVAl$iffiV:V(i.C)'§lTDl%.
Miscellaneous First Appeal No. 210Q__d'l'._:20jGS§O'{l\II'_'Jj Q
BETWEEN
Sri. Santhosh Kumar.
S / 0. Late Gopirlath,
Aged about 23 years,
R/at. 'Shabari Nivas', . --. L -
Thandolige, Jeppirl211_li0ga'ru,;V-- . "
Marlgalore Taluk.
Appellant
1. Sri.'-Narayafirla'Pei';-4v
S /'0._._ 'Vivtté'l1a"Pa»il A O'
. ., Aged' about 38 years,
R»esidin'g'»lilearAVitobha
5»-Telilple Road;
V -,C'arbS'u~eet,
' v..IVIgir;ga1Qre.
,._RatI§lnakara Pal,
.. S/0. Late Kamalaksha Pal,
"Pal Sales Corporation,
Mangaladevi Road,
Pandeshwara.
Mangalore.
3. The New India Assurance Co., Ltd.,
Nellikai Road,
9%'
Man galore.
Respondents
(By Sri. K. Suryanaraya Rao, Adv. for R. 8,
R1 and R2 are served and unreprese’nt.e_d)*~–_
This MFA is filed U/S 173(1) of
the Judgement and award dated””1-9.’O3_,2Q08*-.pass.e’d in ‘
MVC No.27″?/2002 on the fileaof PrixricipalfitiivilfJudge
[Sr.Dn.) and Member, MACT¥I.V;”-_V_Mangalore; ‘partly_
allowing the claim petition for-_ compen;:»;ati_on ar1’1_._>
seeking enhancement for coin1’5ensation.”‘»i
This appeal cofmieng (‘i.)fr.ders,–VthisV day, the
Court, delivered the following;-,’ j. ”
:;i:2..I~zn:Ngrgja
This..Vap_}j§e_a1 is’bi§fi”~f11e”‘e’1lain1ant for enhancement of
cornpiensation ayi’rard.eVd« the Tribunal.
2. _ Heard consent of learned Counsel
al5’ee,rirlc5 for’ arties, it is taken u for final
pp be p p
the sake of convenience parties are referred to
f’as._thVe’y are referred to in the claim petition before the
if ” §’l’ril:>una1.
4. Brief facts of the case are:
%.
That on 1443-01, when the claimant was
proceeding by riding Kinetic Safari bearing registration
No.KA–19–K–514 towards his house in Arya Samaj road
from Nandikoor Clinical Laboratory of a
motor Cycle bearing registration No.
came from opposite direction in pa rash”‘an_d “n.eg].igen”txg
manner and dashed against”A:4his”cmotor’-cycIe[‘ic’—-.As,i_:a
result, the claimant fell ‘dowii and sustaivneidv–..injuriesV..L’
Hence, he filed a;__c1aim__..petitio.n ‘Eoeforeg MACT,
Mangalore, seekmgif@mp¢a;iati¢rt[o;are Rs.2,00,000/–.
T he Tribunaiiroy and award has
awarded; – with interest at
6% :V’p.a’–. quantum of compensation
awarded the the claimant is in appeal
enhaI1C6.I__r_ievnt of compensation.
‘ –._As”th’ere is no dispute regarding occurrence of
“accident;’jnegligence and liability of the insurer of the
offending Vehicle, the oniy point that remains for my
” t.Vco”nsideration in the appeal is:
Whether the quantum of
compensation awarded by the Tribunal is
just and proper or does it call for
enhancement?
6. After hearing the learned Counsei for the “parties
and perusing the award of the Tribunai. “‘the
view that the compensation awarded ‘oy__ti:.e
not just and proper, it is on side’ arid_t.he’refore it.
it is deserved to be enhanced”.
7. The claimant has hfoiiovxvinfig injuries:
Svveiling, of left knee
joint:.,\xI§;t’f’i_ ligament and
poiséterioit i’igaLrnent and multiple
and elbow joint
him are evident from the
wound certificated} certificate issued by physio»
— disability certificate — Ex.P.11.
~-siimmary — EX.P.12, Certificate issued from
Hospital ~– EX.P.13, case sheet — Ex.P.14 and
_ psuppoirted by oral evidence of the claimant and two
Vdotctors examined as P.Ws.1, 2 and 3 respectively.
4%
5
Claimant was treated as inpatient for a period of 16
days in Athena Hospital, Mangalore.
P.W.2 – Dr.Sridhar Shetty, has stated in his
evidence that he treated the claimant for the ligament
injury to left knee joint in Athena Hospital…
flexion is 85%. He assessed the disabilitjjllorii=t3’I”§2le?j45}”‘
and on examination he fc~iind;’« fiknee« .ls’ti_ffness “is 7
persisting and he has stifjfnesstiéof
In his view, he has got functional disability to
left knee and it ma}/The 1.0″/o afterusorne time.
P.W.3 is running a Claimant
was as ‘LabQratorf_VV Assistant.
8. ‘Considerir1’g’i_thex”nature of injuries, Rs.20,000/–
awarded 4’b5t_:Vt}’1ve.v”Ti9ibti”r:1aI towards pain and suffering is
on lower sidemand it is deserved to be enhanced by
anetiie:,%Vtie’ie5 ,eo00/– and 1 award Rs.25,000/– under this
he__ad._> ~ A
9. ” Rs.22,000/– awarded by the Tribunal towards
vrriedieal expenses is as per medical bills produced by
€51
6
the claimant for Rs.2l,825/-, the same is just and
proper and therefore, it does not call for enhancement.
10. Claimant was treated as inpatient for 16 days in
Athena Hospital and A.J. Hospital, Mangalore.
Considering the same, Rs.5,000/- awarded’V”-lofy:.V”‘the
Tribunal towards incidental expenses’ {such ‘ jas
conveyance, nourishment and attendant~:’ch”arges”Vis “on 7.
the lower side and it ispc.deserved–._to
another sum of Rs.5,00C)l/gland /4”
under this head. it l in it V
11. Ciaimant has salary of
Rs.;2..,0OU;’~V -rnon’thp’by’1r&orking as an Assistant in the
Laboratory”., of The Tribunal considering the
considering the period of treatment as three
awarded Rs.6,000/- towards loss of
ir1comev’Vltidu’ring laid up periodrthe same is just and
proper and there is no scope for enhancement .
Claimant even after sustaining injury has
continued his empioyment in the Laboratory of P.W.3
g,
and there is no loss of employment. Therefore, he is
not entitled for compensation towards loss of future
income. Nevertheless, he has to bear with the disability
stated by the doctor and certain amount of discornfort
and unhappiness, which he has to undergomfo:t’»V.’t15:1,C:
of his life. Considering the Rs.2.iooo,z;’~i1.-ma:-zfleici.
by the Tribunal towards loss, of isV.7o.n”?1,tl1e .
lower side and it is deserved to”-be andvl’
award Rs.25,000/~ _nnderVAt.his’vhead. it
13. Thus the clai1nant’– for the following
compensation’: H
3.) it ‘~fPainA:.a;nd”st1fferi_n§ Rs. 25,000/~–
2; . iirledical ezqjenses Rs. 22,000/–
” % I11cid.ental._e:«:penses Rs. 10,000/-
4], t Towards loss of income
” ._during’laid up period Rs. 6,000 / ~
Towards loss of amenities Rs. 25,000/~
Totai Rs. 88.1300/-
’14. ..__”Acue’ordingly the appeal is allowed in part and the
it Judvgrnent and award of the Tribunal is modified to the
lexjtent stated herein above. The claimant is entitled for
T a totai compensation of Rs.88,000/- as against _
fix
8
Rs.55,000/– awarded by the Tribunal with interest at
6% pa. on the enhanced compensation of Rs.33,000/–
from the date of claim petition till the date of
realisation, excluding interest for the delayed period of
241 days in filing the appeal.
15. The Insurance Co. is directed
enhanced compensation VaIr1ount*’_4 vinter’e&st,lf it
excluding interest for the
filing the appeal, within date of
receipt of a copy of this
16. Out of the 75% with
‘
proportionate iiniterestlvis’ “be invested in ED.
in any nationalizellduoi’.Vsc’11e4dAt1le:d.”‘ Bank in the name of
the peri.oAd”of___6.years and the remaining
amount ‘*s$zi’t11.pproportionate interest is ordered to be
A _ order ~as’jto costs.
, Sci]-
Edge
