High Court Karnataka High Court

Thippeswamy vs D S Ashoka on 25 October, 2010

Karnataka High Court
Thippeswamy vs D S Ashoka on 25 October, 2010
Author: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25TH DAY or OCTOBER. 2010
BEFORE O O

TI-IE HON'BLE MR. JUSTICE B.SREENI1$7,,41'S''I§4A3:'V*.(?}'d\1:6i'"£5}L. %

Miscellaneous First Appeal,No_.  VEMVJK V' ' as 

BETWEEN

Thippeswamy    
S/o. K Rangappa @ Kuri Rangappa,  O
Aged about 45 Years."  _  
Agriculturist and V   '
Arecanut Business _  «
R/o. Pal1avagereVi11age,,:"v V _ _ v_ A 
ChitradurgaT_a_1uk and Dist...   2 _ 

  . . U  .    Appellant

  Adv.)

1. D 'S_Ashoka4K " 

. _ S /of 'S, Vshivandaiah,
 Major, Owner of Kottureshwara

' 5Bus'*No.KA--'i6--5433,

 _ ..Residfng at V. P. Extn, 4th Cross,

 .,Ch_itradu§rga - 577 501.

2-.-..__ Ti1e Branch Manager,
, Oriental Insurance Co. Ltd.,
S-iiri. Sharada Complex,
 Opp: K.S.R.T.C Bus Stand
" Chitradurga -- 577 501.
 Respondents

[By Sri. D T Chetan, Adv. for R. 1,
Sri. M. S. Sriram, Adv. for R2]

fir



This MFA is filed U/ S 173(1) of MV Act, against the
Judgement and award dated 01.01.2008 passed in
MVC No.1043/2006 on the file of E Additional Civil
Judge {Sr.Dn.} 8: Additional MACT, Chitradurga, partly
allowing the claim petition for compensatizin and
seeking enhancement of compensation. " it

This appeal coming on for 

Court, delivered the following:  
 §uNJ  it

This appeal is by the claimant. of 

compensation awarded bj:I_v'ti<1,e Triburial.  
2. Heard.     

3.  'the  -oi"eonvenience parties are referred to
as theyarereferr§d._to'«in the claim petition before the

'rr;ibu_na1.i ~

.0 V'  A  i,':Brief factslmofvthe case are:

  l---3«~06, when the claimant along with

others  travelling in the bus bearing registration

 i VgNolK£3l--16--54;33 from Chitradurga to their respective

V"-n-ative places, in between D.Kurubara Hatty --

00 Thoparamalige village, the bus met with an accident

5?:



due to the rash and negligent of the same by its driver.
As a result, the passengers including the claimant
sustained injuries. Hence, he filed a claim petition

before the MACT, Chitradurga, seeking  of

Rs.6,'75,000/--. The Tribunal by 

and award has awarded compensatiori of;--d T. it

with interest at 6%    
compensation awarded    
in appeal seeking V   .c.ornpensaVtion.

5. As there is   occurrence of

accident, nelglgigencgie   the insurer of the

offending point that remains for my
considerationdl   appeal is:

V l "'W_hether the quantum of

 ;_'--r.pcoInpensa*tio'n awarded by the Tribunal is

, _ just'-._ and proper or does it call for
it ' as _  ..er:ha=nc.ement?

it  hearing the learned Counsel for the parties

 andgperusing the award of the Tribunal, I am of the

it *  that the compensation awarded by the Tribunal is

$5



not just and proper, it is on the lower side and therefore

it is deserved to be enhanced.

As per wound certificate -- Ex.103, the claimant

has sustained the following injuries :

Comminuted fracture of upper l/Sid of

left tibia.

Dr. R.T. Chandrashekari ;":ex2:;_fr1iiieCi .   ivho .2

has given disability 'llc_er.tiiicat'e at  
categorically stated that...  " had  fundergone
surgery and skin grafting  "There is loosening

of diametricl'o.f   of one inch

cori1pared.ltlo=rigl*itf'leg}"'-. He had given first aid. He has

statedl"c.lai:,naln_t.lhas.isruffered permanent disability of 50

 to loWer___l_irnb.

   (Jonsidering the nature of injuries. Rs.10,000/--

 2   Tribunal towards pain and suffering is

onztlie lower side and it is deserved to be enhanced by

if 'another Rs.20,000/- and I award Rs.30,000/-- under

  head.

 .

8. As Rs.42,020/– awarded by the Tribunal towards
medical expenses is as per medical bills produced by
the claimant, the same is just and proper and therefore,

it does not call for enhancement.

9. Claimant was treated as inpatient

8-3-06 in Government Hospital, .jchifir~:;c¢{rg’g;i,, as -.

continued treatment at

from 8-3-06 to 10-5-osaa aga.,in«.,frorn–T7¥6:O6 to’

17-6-06, totally a «about; 70 days.
Considering the same, it awarded by the

Tribunal tiov/liiards atten_dian.tx”a1j_1dVnourishment charges

is therefore, totally a sum of
Rs.20,l0O_,O/.+ towards incidental expenses.

__TClaimar1t.c1.aims to have been earning Rs.5,000/–

‘ .-Viper doing agriculture. But the same is not

In the absence of proof of income, his

income is assessed at Rs.3,000/– per month. Nature of

V’ ,_inj_uries suggest, he must have been under rest and

treatment for a period of five months. Therefore, a sum

Q?

of Rs.15,000/– is awarded towards loss of income

during laid up period.

11. Considering the disability stated by the.__ doctor

and an amount of discomfort and unhappii1Ve’ss’L:’–whieh

he has to undergo for the rest of his /;

awarded by the Tribunal towa’rd’s”los_s’..¢of isfionl T.

the lower side and it is deserVedV_A.to he-v_.’.enh’.arieedV”by

another Rs. 1 3,000 / — “award = — it under

this head. «_ _ _4 V A

12. Claimant is ‘aged years. Multiplier

ap1;;1i”c;flj1e.:sV5»j;o<& is '14'. The doctor has
assessed 50 to 55% to left lower limb

'_I'rihi.1na1"has'- considered the disability caused to

at llll l5%. It is on the lower side and

it caused to whole body is taken at

"L70/ca.–_." income is assessed at Rs.3,000/- per month.

is So hfiiture loss of income works out to Rs.85,680/–

ihr..lV"(as.3,00o/– x 17/100 x 12 X14} and it is awarded as

T against Rs.70,200/- awarded by the Tribunal. –

€$€a/

13. Thus the claimant is entitled for the following
compensation:

1] Pain and suffering Rs. –

2] Medical expenses Rs.;””—-42,.O2Q/’V~:

3] Incidental expenses v2(:);O0O ” 2 4_

4] Towards loss of income

during laid up period ‘41.5,v(4l()0Vl’/’-.– it b j x

5]’ Towards loss of an;_eniti.es 1’5′;0_0~£)_/i.’_
6] Future loss of income ‘ Rs. ‘~ .,85’;-S80/”–._u

V ‘-v.c}I7ota..iV’ V

14. Accordingly in part and the
Judgment modified to the
extent claimant is entitled for
a total – as against

— the Tribunal with interest at
6% p.a’.e compensation of Rs.80,480/–

“”t0……Rs.80,500/– from the date of claim

‘ Vllpetition till”t.he date of realisation.

ll Vp’e:lnsurance Co. is directed to deposit the

enhanced compensation amount with interest within

it two rnonths from the date of receipt of a copy of this

jtidglnent.

$5

16. Out of the enhanced compensation 7 5% with
proportionate interest is ordered to be investectin FD.

in any nationalized or scheduled Bank in the of

the claimant for a period of 7 years 4_

amount with proportionate in’t’erest {sis j

released in his favour.

No order as to costs. it —