V. ANDQ! 'V
MFA 13206/200'?
IN THE HEGH COURT OF KARNATAKA
CiRCUI'I' BENCH AT DHARWAD
SATED THIS THE 29TH DAY 01:' JANuA,m?..éoa9: "
BEFOREJ'
THE HGDPBLE MR.qUSric_;:«: "3§'s.PA*:f_;:,'~ . «. "
nu.r,;_,no.;3202§i9.oo'%'
BETWEEN:
The Union of india,
Represented by Masher
War1'an1:Om.cc:é,j, jfl V .
If)etacI;1ment-- h
Air Force Sté:t*.£Vi0i:l.nV;''. ' '
Sambra 2 . _
District; Belgaiixn.
(By Sri )
S 0 Devcfidra-dajnoji,
1" ._ 'Agad' 'a§$_c~.1_11; years,
'Qcc: Maszm,'
P3*esc=fnt13*7""Péi},
R / at ii?-xaawankudachi
.. f;ja:uk----and Belgaum {)is1;ric1:.
'$:*i«San1:osh Dcvandra Jainoji,
; Major, Occupation: Business,
5 Resident of Nagadev (}a§i,
Basawankudachi Taluk,
Belgaum District.
3. ICICI Lombard Gcneral
Insurance Co. Ltd.,
. .APPELI..ANT
MFA 13206 / 2007
2
Belgaum [Insurer of Hem
Honda M13. K.A.22/W3677). ..RESPONDElW_'_I'S
(By Sri M.B.Nargund, Adv. for R~1;
Sri A.M.Vcn}.
against the judgment and award da'té.2506/ 2005 on the file of the P;1'1.zCiVfl Juége'
8:. Add}. MACT, Belgaum, awaIdi.ng"--_a com}:)ensatiQn..V (if
Rs.1,71,00{)/-- with interest @ .?%__p.a. mm :heJ.da:g:iVqf pgltiticré' »
till realisation.
'I;hjs appeal is <::0miz1g Qn'**f{$1"-- éay the
Court delivered the fo11OWii3§§:~ " a
01. This app¢ai'.i51'by file .{§£1'naea.V§ai:ected aga1'11'st the
juégncigt » 28.04.2007 passed in MVC
No.2506/'2QL(55 :LV"£:b:n1pensation in a sum of
Rs.1,'?f'1;{)Q()j ~a 3_.¥_gxfig fixxterest lat ?% per annum towaxds
Aflgr.-«:: v§fi«fi'emd.
A62. the injured claimant was riciing a Hero
' _ Honda Cycle bearing No.§{A--i22/W-36'?7 along with a
r. jji§3iQ11 At that time, when he had reached Bellary Naia
191;" --K1¥t égzgterior part of ankle
joint measuring 10 X 4 the fact
that he':__was €23 days fmm 06.06.2095 to
29.06.20(§5.iii»i{.'L';.Ii.""tiu.Sj3§te1;.Belgaum by producing meciical
1eco;1is;' ,1: Wes» fotmd that interleckiug was done under
ttvgenefei ggeethesia o'1;i1.06.20O5 apart fmm sumnh g of out
iace:atec?..4fvs'%;$u.:id.-vunder Inca} anesthesia which was done on
2 06.AG6.y:0i9*:';¢.Vt"j'.V- At
fag tdoeicr has deposed in his evidence that the injuries
e:"sgfi'¢£-ésd by the ciajmant had left: behind 33% disabiiity tea the
lower iimb. He has issued the ciisability cerfificate in this
regard which is produced at Ex.P-9.
E'?/.
MFA 13206 / 2007
0?. The Tribufial has assessed the compensation kergjjéng in
mind the fact that tha doctor was not the one fin;
claimant but taking note of the gievous of
sufibretd. As the claimant had pragiiiééd Fri' #9 b
Show the actual medical expenseS';_iIi€_:1irred" El'. c3fV
Rs.24,860/- and having Itga1{1'--1%5"~the um." T by the?'
claimant in K.L.E.. Hospitai, ufrgr ne:};tz'i3:..23§ days, an
amount of Rs.40,(}{}O/ - the attenda.1;1t's
__c}:1arg€3, con.vc:ya1ia:¢, other incidental
expenses,
98. S}.;1cc_ the claimant was deprived of his
work thé :§:'i'éatmcnt and also subsequently
there:3fi'c11.for ;a of fc;111¢ months at the rate of Rs.2,:'5()O/' --
. :5; sum of £6,000] -- is awarded.
has taken the total disability compared to
_ the '\:s*i?10},é'b:f}i7ly at 15'?/o and his wages at Rs.2,E">O{}/- per
: mo11?_.:h.. "Ai)pIying the Inultiplicr of 18 having regard to the age
, "of V thc.u5ir3,ju1t:d ftmmi to be 18 years at the time of accident, a
.s1:;m of Rs.81,{}0O/~ is awarded towards loss of filtime
earnings. Towaxds loss of amenities and enjoymeni of fife, a
1%.
MFA 13296/2907
6
sum of Rs.10,000/~ is awarded. Thus, a total sum of
Rs.1,71,0€)0/- is awarded as compensation.
10. Learned Counsel appearing for the agpellant cofitsnds
that the Txibuna} has committed an cum' in not "of
the fact that the injured was xtiding the
any license and therefore had connibtitéd to"-the
has next contcndad that the d
25% as against the whole bod§'izt"'the Cf oi."
the doctor who has statsd that the st1ft'e:*n:d'V§in the left
iorwer limb was 38% is exsess'ivé.s._
11. the respondent supports the:
findings
of the materials on recent
stvidence of the doctor and the eye~witncss PW–3,
im;«.%} version of PW~3 cicarly discbses that the
j drives ozfvthaedltus was negligent and the accident was caused on
V’ ‘:’z<"1<icmtt3t df his xsckiess driving. Though the ciaimant has not
the license, that by itself cannot be rcgazdcd as a
" éiittumstance which coatzihutss to the accident. In fact in his
dd evidence, he has stated that he did havs the Iicense issued by
%/,
, MFA 13206;' $200'?
7
the competent authorities in Kolhapnr and if he was given time
he wouid produce the Eicense. Therefore, it cannot be in
the facts and circumstances of this case that the
no iicense and therefore he had ventured to
Without having iiacense. Nothing:”;$Aieve.ette.d Z’
herein to secure necessary certificéite file ” CGIIi}?.€.3′”i”I3IV1’iL~_V
authority and produce the sane e–§{*:fQI’e co–Ln’t_: that
the claimant had in fact w:;nture(i”t9 _1*i(1e-gt moior-cy.cie without
having vaiid license. In S13ch’ the contention
regarding ihe “by the appellant
cannot henccenied. 7}’
13. In Soufaré as of coxnpensation is concerned,
the £8 year old boy at the fime of
” aceit;{:e;fiti,.A*-eV.He– has :%i:ff(:’xtV:d fract1_1re of micishaft of right femur
‘:;1ee};;.Vci3tc_:1ag:ex’ate{i wound measurm g 10 x 4 cms over
the foot apart fiom four other injmies. The
is a lacerated wound over medial aspect of fight
‘~ measuring 5 X 1 ems. The permanent physical
____”‘T’.”di;$gabiiity is assessed at 30% by the doctor in xespect of right
u”‘.1:o\’fi?er limb. Nomaaily 1/3rd of the disabiiity suffered in the
iower iitnb is taken as the whole body disability, which in the
%/
MFA 132(}6/ 2007
8
instant case wili come to around 12%-%. But the Tribunal has
taken 15%. The Tribunal has swssdes only Rs.10,000]–
towards loss sf amenities and enjoyment of life despiteV3£”}:ie._fact
that there was a deep out injury and several
which left behind scar on his. body. The1efo:e,..e§fe;i
that the disability taken is slightly”
IV2°xb, the fact remains that 1;1:sr:_4incé’mAe”of the.v–E;u_ifi.1ed i s’= s
taken only at _Rs.2,SOO/- and fies Viiowarde
loss of futum pmspectsg …1h3:1 the I do not
consfier this as a fit easel fo:r’V”iijier£’e:i’€::Ai§:e the matter of
quantuii Vmbfee .. The compensation
aWaxdeci’.is”fajf having due regard to the nature
of injuries suffered.
f:.«<;»..¢ use apsssl being devoid of merits is éismissed.
" Sd/~…
Judge