IN THE HIGH COURT OF KARNATAKA AT _
DATED THIS THE 8TH DAY OF NOVEMBER} 2of1'o'ej"' --A o-
:PRESENT_:_
THE I-ION'BLE MR.JUS:1'IC E N'.K;PA:_rjL
A1S_IiD._
THE HON'BLE MR.JU${f1'CE'§I.S.f{EM?A1§fiVA
M.F.vA-..1.§To_.A 2939 op .2065. (MV)
Between: . V
Veerabhadrapifya, }Vfe1'cha.ni;. _. V V
S / o. V.Chi}<:ka }?11fta'ppa,"-«.jT"*-._ " V. "
Aged about 4.0yea1rs, < f «. V
No. 2572 ;"'1'v'I2;rij.1thiii§a.ga1',-- _
Dod<:EaL)a1apu1Vi7.*vV
" ' ' . 'W ...APDellant
[By Smt. P.V.Ka11u5'anéi fo1f S-_ri;'._A;;§~;nShiva Reddy, Advocate}
V.Ma'qboo1. '
S'/"o. Khadzz-gr Mciiddén.
'7D_river, Mahendrga Jeep
"'AP--'9F:8002, "
R! a N0.6~'iQ3, Nasum village,
V .. ' K.0H'.'1k'LI_1'i1£C_ Taluk,
'K;11'r1fooI;--:
~ The Commissioner of Commercial
Taxes, Government of Andhra
whole body and it is permanent in nature. Th.ei7efore,
appellant has filed a claim petition before _
under section 166 of M.V. Act, claiming"c'orr:I_p,ensation "
against the respondents. The
come up for consideration “b,ef0re’v~ the ‘The
Tribunal after hearing both.._ls’ides’~.._and.’after assessing
the oral and documentary’é’– allowed the
said claim petition a sum
?1,27,ooo[» different heads
with interest: 6%vi.p.’a,.;g,’—-irdni~-vthe date of petition till its
realisation.” N0’t._.befing’~._é§atisfied with the quantum of
compcrnsatioiiiawardediwby the Tribunal, the appellant
‘”has'” presented this appeal, seeking enhancement of
“oom_pensationfL V .
have heard the learned counsel appearing
appellant and learned counsel appearing for Insurer.
After careful perusal of the materials available
T record, including the impugned judgment and award
passed by the Tribunal, it emerges that, the occurrence
WWWW
Further, the Doctor has deposed that, the appellant to
undergo one more surgery for removal of impla§its«.ins’eréed’~.
and for that, he may require some amount….,l3’u.tVa.ll these ._
aspects of the matter have not
appreciated by the Tribunalgwhile awarding _c%¢:r:ipehsei:i£m.”‘VVy
Taking all these factors into cof1sideration~,.weeawardfla sum
of ?4o,ooo/- towards jpaiilfl a:flg:V’1l’p”vs~t;ffer:r1Vgs,”%10,ooo/–
towards conveyance, charges,
?’10,000/- towardsflosis .. the period of
treatment ‘–* ‘(5,000/– X 12 X 15 X
8/10031″ fia’:ti;1?e income, ?1o,0o0/-
towards ‘loss of léamenvities of life, discomforts and
unhappiiiess andia sum of ?10,000/- towards future
.mcdica.l expenses.
foregoing reasons, the impugned
–V and award passed by the Tribunal is liable to be
if lllgmodifiedll The total compensation payable comes to
— /- and the break«« up is as follows:
if
M
.:’
/’~H
Towards pain and sufferings i–“g__
/’H
Towards medical expenses conveyance,
V A’
nourishing food and attendant charges *
Towards conveyance, nourishing food it
and attendant charges ‘ “W ” ‘ is it
Towards loss of income during the Q5 -1’ if
Period oftreatment – ‘ ‘
Towards loss of amenities of life ?’ i’0,00C’./
Towards loss of future income _ 3′ ‘ “Z2;0OO:/-
Towards future medical expenses V’ 10,000/-
_ ‘rota1__ ?~.,,1.98,9o0/-
8. Accordingly, the part and the
impugned judgmen_i;– and a_,ward’«.p’as_sed__ioy the Tribunal in
MVC No.’ it Vmodified, awarding
cornpensiatpionp of instead of ?l,27,000/–. The
enhagneepd ‘compensation comes to “€71,900/– with
p.a., from the date of petition till the date
realisaition V V
Jcompensation with interest, within four weeks from the date
receipt of a copy of this judgment and award.
V proportionate interest shall be invested in the Fixed Deposit
‘I’}:ie “Insurer is directed to deposit the enhanced
Out of the enhanced compensation, 50% with
.1′ /!
WM,
in any Nationalized or Scheduled Bank, in the Il8.IIlv§V’.()_’f”f.’li1€
appellant for a period of five years and renewable ;for p
five years, with liberty to him to withdraw.
accrued on it, periodically.
The remaining 50% with4proportionatelyinterest
be released in favour of the’V'”a:ppellant,.,nnniedliately, on
deposit by the Insurer. v ,_ V
Draw the award,
tsn=!=_