IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE am DAY 09 JANUARY, 2010
PRESENT %%
THE HON'BLE MR. JUSTICE N. K. 11'%AT::;i ;j%-A f
AND M . X
THE HON'BLE MR. JUSTICE
M.F.A. No. 5771 of ?..OO6 . " ' *
BETWEEN: & A V" A
Sri. VishWan3.th{:"'V~T, ,
S/0. P0r1r13.swamy,' 'a_ I '
Age : 40 years, Oicgi $111», V'
R/0. Chikka.,Thi';{'up'athi,_4
A " % Appellant
[By K. Adv. for Sri. Suresh M
_ Latu..r','Adv.]V'
'_ Pasha,
S/0.' linear Jan,
Age zivlajor, Occ : Business,
~R.Q_. No.4, 151" Cross,
A. Lalbagh Fort Road,
, Doddamajvaili,
' Bangalore --~ 560 004.
Respondent
Ix}
(By Sri. Garigarajareddy, H. A. Adv. for
Sri. D. L. Jagadesh, Adv.)
This MFA is filed U/s. 173(1) of MV Act against the
Judgment and award dated 15.12.2005 passed”‘in–«_V’MAVC
N0.883/ 2002 on the tile of the XI Addl. Judge._d’VC_Q1.ir_.t’ of
Small Causes and Member, MACT, MetrQ§j’0lita1’i.”‘Area;
Bangatore, (SCCH—-12), partly allowing the…C1aimV:’Petiti(5n __
for compensation and seeking-.¢ enhharfim-Verr1en.t. ‘”-pf f ”
Compensation.
This appeal e0ming>’on__
N. K. Patil J , delivered the folldwingz ~
.1 e _p_
Admit. H ‘A M 2 M
2. This appealj:._a’rises__ oi;,1t:{)f and award dated
2002 on the file of the XI
Acldl. judge,’ if Causes and Member, MACT,
i\/Ietr_npo1itar:”hfiarigaiere, [SCCH-}2] (hereinafter referred
” ” ~./to i–.’Trib:unall’é”fb”rAv brevity), on the ground that, the
Rs.35,000/– awarded by the Tribunal with
interest per annum from the date of petition till the
date 55.. deposit as against the claim of the appeilant for
2′ ‘~Rs~/§j00,000/–, is inadequate.
/-
3. The brief facts of the case are:
That on 10.05.2001, when the appellant waslililzifaiting
for the bus near Lalbagh bus stand, a
registration No. MYC 357 came in a
manner and dashed against the ap;f;ella.nt’A.’andlicaused
accident due to which he sustained ‘injuries’.rit’isVVthe case *
of the appellant that he considerabiie amount
towards hospitalizatioiilidl -the filed a claim
petition, clairnigng Vt:i”[§é3ii.%%.,oo,oo0/–. The
said claimi. the Tribunal and
the oral and documentary
evidence and rnaterial available on the file,
allowed the”c1:aim’v”petitVion in part awarding compensation
0 V.'”*of «~ Withddinterest at 6% pa. from the date of
date of deposit. The appellant presented
appeal on the ground that the said
cornpensation awarded by the Tribunal is inadequate and
0 ‘1’e<:;uires enhancement.
Z
4. We have heard the learned Counsel appearing on
both sides.
5. After careful perusal of the judgment””ai1dif_iaiiirart1;edlV’
passed by the Tribunal what that
has committed error in award gl–obal compensati’on’l of
Rs.35,000/- towards pain an’d.:agony,V”rnedical
expenses etc., the
nature of injuries ‘Af’lappel1ant such as
Bimalluar ” accident register
extract shoiszs right foot ankle joint
with ah-rasion.slV”3’:’inpj’nu’r:filje-r’nieasuring l X. 1 c.m etc., on
the rightafiootvv aspect with pain and restricted
…..pmoVe§rriVefit. of Hfo’at____and ankle joint and the duration of
tre’at.1nent~ iunéde.rgone by him for a period of 21 days in the
hoshpitall as’cj~:inpatient. The said compensation awarded
towardslepain and sufferings is inadequate. Therefore we
if lC_’dee1i1,it fit to award Rs.20,000/~ towards pain and
it ‘ npsuéfferings. L/2
if’
8. The Tribunal is not justified in not awarding
separate compensation towards medical -4e’xp_’en”sses,
conveyance, nourishing food and attendant:Chaifg§es.ol’.’lle”.p
was inpatient in the hospital fory2’1′–days. ‘hfi1_i§l1ti’ha%(ell 9 j
spent reasonable amount towardsQcon\}eyance,’~ nourishtiiig
food and attendant charges.’-v..oEl’herefore itll fit to
award Rs.5,000/– under’ theo.isa1dlso1;éaa:
7. The Tribpunpal compensation
towards loss It is not in
dispute xivith an accident and
sustained-.1IijAtii’li’e’s inpatient in the hospital for 21
days as lstated’ Taking these factors into
¢on’.s;i;ieif’ati’on,l.l “W.e____’deern it fit to award Rs.20,000/–
‘toWards,_ loss of amenities and discomfort.
to the facts and circumstances as
V –V stated atgové, the instant appeal filed by the appellant is
it lllV.:e».:alioWnedllll in part. The judgment and award dated
4 i5.’t1″2t.2005 passed in MVfiflNo.888/2002 on the file of the
{M/~”””‘
XI Addl. Judge, Court of Small Causes and Member,
MACT, Metropolitan Area, Bangalore, {SCCH–12]4vis:”loereby
modified. The break up is as follows:
1) Towards pain and suffermgs ”/_–V dd” »
2) Towards conveyance, r?o1irisf1iiig_ ‘
food and attendant charges–
3} Towards loss of arfieriities arid
discomfort,» ” ‘=-Rs».”20,0OO/«~
1’ ‘ eater Rs. 45.ooo/-
The compensation of
/– awarded by the
Tribuii.a1 evitii “pa. from the date of petition
till the date4&e£rea1ieee_tte§i.i. t
in respondeiittv is directed to deposit the enhanced
Rs.1o,ooo/- with interest within three
weeks date of receipt of a copy of this judgment.
“////-«’
‘5,o.oio,(i;’e…?
The enhanced compensation of Rs.10,000/–
interest shall be released in favour of the
immediately after deposit by the respondent.