MFA 3.294 of 2006
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE ST" DAY 09 JA:\¥UARY;~«;%0
BEFORE 0' C
THE HON'BLE MR.JUSTICE:: v.§iAe:ANI¢1;'13H~A1§f%'' '
MISCELLANEOUS FERST AP1éEAL'I'»:g'."1294,/»2'-006 (M9?)
BETWEEN:
Suresh, V --_ 3- ,
S /0 Narayan Rao Gayakw_'ad',e~f* _ .
Aged 27 years, Qcc: Bu_.sin_e.ss,--. ''
R/0 Sadgabjeru, j '
Dharxvad-52300051'_ _ " ...APPELLANT
(By sri.s.R1;rr151'e;.g:i¢,§b..¢1-v¢§t§0::m{) '
A N . 0 . .
1.
Mr. J
000: OW’1u’13;’V 0f.t:he’*Vehic1e
Age: Major,’ R’./«Q Mangalwarpeth,
‘J-ur1fr,Iear,”0– Tq: Jurifiar,
‘= -Dist. P.ur;e=,41 1001,
._Sta!i_Vef’.»–._M’ah&1rashtra.
2.0 Arjun ~f)a’:ttatreya Jagatap,
Age:V”}\/Iajor, Occ: Driver of the vehicle,
R/0;._Jur1r1ar, Tq. Jurmar,
” mst: Pune–41 1001,
0′ State: Maharashtra.
(R2 — deleted as per Court order (it. 07.06.2006)
MFA 1294 of 2006
owns a tea stall and was getting sum income which was
put at Rs.4,000/~ per month by him, the Motor_Ac!c.i_:d~ent
Claims Tribunal could have taken the ‘ .
Rs.3,000/~ per month and notmyat °’
Consequently, under the head:’=flos’siA.of
capacity’, the amount . the i’
percentage of disability is at 50%
by the Tribunal and the doctors
examined as }?:.’\’\[s.3 :;’~;n’d :4 advisability at 66%
and, apart’ account of the compound
fractuireiionrttihe femur, the appellant
undervi/’ent<. an yVo'1oi:er_atior1»«it'o his right thigh and the
medical eviiderace…'reyeai":that length of the right leg as
'i V' '=.,g0nteC'do"wr1"i'by 3%Q'i':a¢hes and the nature of the fracture
s..its.eif,c*_a<::_cord-ing to the doctors, is a peculiar one
req:;_irin_.g~ fu:'ther treatment and further surgery. Taking
factors into account, disabiiity taken by the
_i'-I'Vri-bu'na1 at 50% would have to be maintained and,
…consequently, on the head 'loss of future earning
E
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MFA E294 of 2006
capacity’, the appellant will be actually entitled to
Rs.3,24,000 (Rs.l,500 X 12 X 18 3
Towards pain and suffering amount
Tribunal is on the lower side. _Q.r1__tak_i’ng””
decision cited by the appellants
head ‘pain and suffering'”th’e_xaIho’t.int. it
would have to be increased as the
medical expenses is appellant has
produced npirziiber pzreslcriptions, the
Tribunal there are some
bills and most of the
prescriptions’ paper and not issued by the
hospital appellant took the treatment.
–v.,_¢.,t~Io\i,«.ze’ve_rr, taking «noted of the inpatient treatment taken
l.’asvp_relve:al-ed ib*y_E3X.P46, the amount on the head ‘medical
eXp.e_nse.s~’ be awarded in a sum of Rs.10,000/-.
3″””-._l”T9Wardst’ food, nourishment, attendant charges,
l’eon.v_elyance etc., all put together amount given by the
…T.:§ibuna1 is on the lower side. In respect of the amount
fie
i
MFA 1294 of 2006
given under the said heads, in all, appeilant can be
awarded a sum of Rs.10,000/-. As far as
amenities is concerned, as appeliant
shortening of the right leg by
him into difficulty and disabled”foigthve
and he being a young ‘age 20 it
years under the head’ ,’_1.oss,<of Vav1fi}eVnit_ies',t&th'e appellant
can be awarded a golf far as the
cfuture xiflofloerned, the
amount 'Rs.15,000/» can be
mainta"ined.–.. conipiensation, to which the
appellant will be now workout as follows:
1) Pain ane1R’sLiVffe.ri’ngv. Rs. 30,ooo/-
,_2) l\:/i5edi:_oa1.,expense-s—-~’ Rs. £0,000/W
»3}”Fooc1,’noiiffiihment, attendant
V ~_»Cha._15ges &s~.oonVeyance Rs. 10,000/~
4}Lhoss ofianzenities Rs. 30,000/~
5} Loss”o.f ftiture earning capacity Rs.3,24~,0O0/-
. F_},1t1,ir”e medical expenses Rs. 15,000/~
Totai Rs.4,}9,000/»
3.
L
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MFA 1294 of 2006
The said amount is substituted in place of the ‘a V\’TaTd
amount of Rs.2,50,609/–. The interest
8% as per the TribunaI’s Order having regarcitg _
of the accident being 02.08.1993
Appeal is ailowed in part: 2
e ;_ ~eIUDGE