High Court Karnataka High Court

Sudhakar Shetty vs Chandrashekar Shetty on 1 December, 2008

Karnataka High Court
Sudhakar Shetty vs Chandrashekar Shetty on 1 December, 2008
Author: Deepak Verma K.Ramanna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE}

DATED THIS THE 13? DAY 01%' DECEMBER 

PRESENT

THE I-I{}N'BLE MR.JUS'!'I(3E3 9EEPAK.*;r..£éRMA-T.:::  "  

AND

THE HDNBLE MR..RJ$'FICF}'* K§§2AMAVN';1s:A  "  

M. RA. No.7g%4%$;'20o4;%V%  
BETWEEN: '  '  

SUDHAKAR sHE'FI"§,V .  «.

AGED AB3%u'r..46L.¥EAEz:'.,  

S/0.SUBBANN2x~&3HE'r'i3TY, , 

R/.s0W:3A.,' . "  "   

HARDALL1 «-- MANLE AL'i_.I_j V133; ._A.C;':i«:'.V~,*'

KUNDAPURA'1'ALUK; 'A 

UDUPIIHST.  "    .. APPELLAN1'

 'EB? H.JA*m:s;a..;a' SHE'l'TY', ADV.)

1 '.aHAm§:épL's»HE§§:IiAR SHETTY,
s;0._12Ac;HITn2A§~zA SHETTY,
R/o.:«;Avm..u;«:0DL.u oz» MO}-1AHALLi

   '§{ILI.A(}£'-,V KUNDAPURA TALUK.

V' "..j2¢13,'s;aAE§«;m.R SRETTY,

xuxaaofé.

 -.j:R;'§}.NO.11/1,
'  _ 3m CROSS, ANNIPURA,
~ ' MAIN ROAD, SUDAN NAGAR,
 BANGALORE -H 27.

3.THE ORIENTAL !NSUR&3\ICE CO.LfFD.,
BRANCH OFFICE,



-3.
M

PRABHU BUILDING,

MUNICIPAL MAIN ROAD,

KUNDAPURA, V. 
REFEBY rrs BRANCH MANAGER. .. REsPoN1)§:m'~3_

{BY SR1 S.V.HEGDE MULKHAND, ADV. FOR R-3;~~~---- I   A' 
I 2%-h\=é-1 .~ " .  "

THIS MFA IS FILED U/S. 1?'3f_1) M'! Ai3'1'

JUDGMENT AND AWARD D'I'.3/'?/()4 passggfiivN'Mv<.:.'re0;a:j3%99;;::
on THE FILE OF' THE (DEVIL JUBGE (SE1..DN.,} :3 MEMBER,' A_?_~_.'£;s,(::'i'»,.

KUNDAPURA, PARTLY ALLOWIN'sC} THE';CI,;A}M _.PE'r:T10N"; :2'<°:»12*,
czamygwsawow AND SEE:K1?1§} "£TNHANGVEBk!_§2'E€*i7.  cw.

COMPENSATION.

TEES APPEAL BEING~..RE$E§'_VE:i§.  Coifiimé an FQR
PRONUNCEMENT OF JUDGMENT my, K.RAMANNA.J.,
DELIVERED THE F~o:.Lz::w1N<:;:.;     

 flg§§gfiExT

This   by the appeliant/claimant not

 V.   axnount of compensation. awarded

 "  _t:h;§=  Tclaims Tribunal, Kundapura, in

Mvtfizéo. 1329/%2Oc1 decided on 3/?/2004, seeking

 _ _ 'Vennhancazxment cf compensation.

   The case cf the appeilant in brief is that on

  1 ;;* I0/2001 at about 13.30 pm}. he being a piflion rider

V  , fwas pmcaedizlg an a meter bike bearing Reg1.Nt:or  ':':iV_i{é   the V

appellant was a pfl}ioIi 1'ider;'AV""§§<§;§i§§i1_ig..f:'a§§.E:1::1e:1f;, surgery was performed

and themaffér gmendéd ifiiiaw up Heament. That due to

3 V' the  sgustfiiiied; he suffered pemnantmt disability,

 claim petition undar Section 166 of the

Metef  Act claiming coxnpensation in all

~   :0,5o,é;o0/~

*   After selvice of notice, respondent No.3 insurer of

vehicle filed a detailcrd statement of objectiens,

‘ ” c-sraterlciing that the amount claimed by the appellant on

various heads is excessive and Witheut any basis.,

thf: rash and negligent driving of the vehicie by re$p{mdent

No.1. The law was set in mation on the E16

compiaint ledged by one K.V.Ba1achandr§£

Accordingly, police regstemd a §::Q;Se;-_- ‘

No. 1 / driver of the offending A. ‘Thé

have not disputed with regard”fi§”–the :m2.:g::er’%ix§k’:;%i:ich ma

accident took place. In”‘iI.’1;;t,’::1ié1r;;_.;?¢=§ éiheet “£0 be filed

against the driver of thVe-1′ Therefore,

consideiiiig – 2;-«.2 eiegiaencg 91” ftrie injured claimant, the

ev1’dence –0f P.W-.3′:i?_i3é ‘<i.$°'1:13.-:2 eye WiiI'1§$$ ti) the accident

discloses at the "of the accident he was near the

V' the 'a{:cidé:§:1t"'i;€é, near bus stand. He was sitt':ing in

and saw the appellant proceedixig as a

pfllicxfix a motor bike. At that time, a Tata Sumo

'~._ thxe jofiéngiing vehicle same from Sowda road in a high

'A in rash and negligent manner and dashed against:

right portion of the meter bike. Thsugh he was cross»-

” examined by the respcmdents advocate, nothing

vmrthwhile has been elicited. Therefore, MACT was right

\

in resending its finding bedding that the

offending vehicle was rash and neg1igent_*’2if1£i1

question occurred only cine to

of the offending vehicle.

7. As far as the –».,ef .ee’zepenEeation is
concerned, we have evidence of
P.Ws.1, 2 and the appellant
herein 5-.e”VVInentiened in the
Wound and 3 are grievous
in natere ” he was forced to undergo

operetien o1i”ax;¢eImtAefi}ie gievous injuries and inpiants

‘W€IY3i.j p=::1t,~~. diseharged on 13/ I 1/2001.

‘i:’a_ii£3As_eq1:je1t§tE3}A; was admitted for remevai ef inplants

on 14/12/2001 which gees to Show that

e. h.e was “L1;;fiiiergoi11g trwment as inpatient for 42 ciays and

took follow up treatmem. Considering the

K ieeyiéience of P.W.1 eeupied with the evidence of P.Ws.3 and

-. it could be said that the Tribmlal has not properly taken

into account the nature of the iI1juz*ies susiained and

/6

treatment undergone by appellant both as inpafiem and

outpatient and percentage of disability to considerihzgs

of eaxjning capacity. No doubt the doctor

that the appeliant sufiered pennanetnt’ ‘ (:i.i5s§.’biIiw ” V’ »

40°26 on ascount of injuries suétairfieév tiy.

accident.

8. Considering the 1}atti1″e Of the

treatment undergone we are of the

opinion: undar the heads ‘pain’

and sufiV’E::’i1’1g’Vis therefore, it is enhanced to

awarded by the Tribunal under

” *i:hc ii§E;§’é’3.ci..”‘:21e::;1ica.1;’Ve’5;i’;:ié:i:1ses’ is enhanced to Rs.65,000!~.

‘V9; the evidence of P.Ws.1 agncf 2 clearly

indicafite is shorténing G1’ the Icg of the appellant

*._ 1;-:> tIT1e éxifint of 3 .inchc::s and the appellant being a Teacher

T.is..Vex;3§écted to stand in the class room while teaching, with

of permanent disability. Considering the cvidence of

“VVP.W.2/Beater which shows that the appellant is; required

to Spend more than Rs. 1,50,00(I}/~« for future medical

exmnses, it is just and proper to ‘

Rs.1,50,06Gl– under the head ‘fiiiiire

The Tribunal granted a meager

towards ‘food, extra naufishméfit’ w1;1i4::hV_ to V’
Rs. 10,0001″-. Likewise; the
head medical attendaniéésif at Rs.3,000/_
and Rs.5,00Qf§:«%.VLw_’as ‘£0.._._.3Iis.5,0(30/- and
12s.1o,ooo/:3 %

:9.” as t§1’+1’.” ViVV1V91′<V:'V<)z13<~:~, during the laid up
period' has rightly awardad

R.ai.32,(l(}0/'nfiaiclé: Considering the fact

fha.t is as Teacher and taking into

age and salary as on the date of

a¢_ciAd:a':1I1?i.V__»'T1'ibt1z"za1 has awarded a sum of

1T,oo;ac5o/- tawanis 'disability, deprivation of future

fménitiés', which is maintained. Thamfore, considering

_'flmf§fa(:ts and circumstances of the case, the appeilant is

'A Entitled ta a total sum of R.s.4,I2,900/- together with

Tr

1':

ED

interest at 6% pa’. fimrn {he data cf petition till of

paynwnt.

11. For the fozegeing reasogggqve :f:ui1t)»*.~,;:

in part. Judgment arid aWardV”~:4pa:$sa{i

Tribunal are modified. ‘ }§1C?pg]}”aA i:s i%

COII1pf311Si’3({i0I1 of at} 6% pa.
from the date of petitiori .thr_;-: jiayment.

12. Sinc:%_’t1_;e i:1si11*é:;* deposited the

award — by the

appeflanif V 3/ Insmame Company

shal} deposit {fie within four Weeks from

.g;1s1;’1’a”‘iS”‘iiab1e to pay the cost cf litigati-an

§XtEfié§;ate’s fee is fixed at Rs.3,0{}0/– if

Sd/-5

Judga

3d/-E

Iudgfi

*3/{V5