Karnataka High Court
Sri Prabhu vs Sri M S Suresh on 1 December, 2011
Author: N.K.Patil
Bench: N.K.Patil
IGALORE, IN THE HIGH COURT OF IATAKA AT B DATED THIS THE 157 DAY OF DECEMBER: 2o1t : PRESENT : . 4% v =
shee REAL AIG, t NM LY, /, SURI APPA RAO thee a s LFA. No. 2400/2007 19 ih a Pola WN Oee: ar "Rio. - <5, 1* Main;.3°¢ Cross, Pothalappe ( Garden, . Bangalore. ~. 0 e .. Appellant bP PAP, EA, Bronk 2 c=
7) 7 Sid nc Su "Rio. Bo 6a1, 'A' Renu! : Apartments, . --_--
rayachari, PRIS, PRLS, F SAR Go, VF SRHGMA LEP ME E See Son aol BL FEL Salt ; Additional Judge and Member, MACT, Ban The [hivision «7 - fi The Oriental Insurance C Do.No.6, No.364-1, Respondents" -
(By Sri. R. Gunaalt iw. for R- 2; Notic tice ¢ R13 iS disp sed with v/é dt. 18. 12.2 09), es @ ction, FO) ) of MV Act, Addl. Judge | ai ad Member, (SCCH.No.4),. Bangalore, partly all tition for cotapensation a STIS nsatio the » passed in MVC No. 4973/2003 on the file of the 18 bees ae 3 Pe, % é be TEASE BLP OF r BESREE DE Se RVG BOW PYG FH PSL, Soy eo 5 EM?
ARRG ZIRE R Cys 2.15 put. when the appellant was stan ~. Girne ome Maruti from Race Course Road im rash and no wen, OT.
Samus &0, g8 pete TOM Une caete o ae ca account of the myjuries sustained by th 2 road traffic accident. Thereftre, wos necessitated to present thie appeal on the rourid that the quantum of compensation award is inadequate and requires to be etihe
2. The brief incts of the case are as follows :
om . % . _ ae €® that he was aged about 20 7 The appellant claims years at thé. tome of accident and he was hale and %, healthy prior to the accident. On 03.09.2003 at about re %, of the reed rear SIRC Col lunch at that pinat rit. Due to impact the Se TAKA ax é KARN . evidence and other Be appellant sustained comminuted fracture lower 1/3°¢ of tbie ard fib sents ia seen. He has been ad tted tat the Hoe pital . as inpatient for a period of 62 days or. | differer ont dates? Tt is the case of the appellei:t. that bee had: spent considerable amount towards. medi nourishing' ood, and attend lant charges. has assessed 50%: permanent physical ; 5th to the. whole | a body and the appellant rise ve without SUPP oft and his right leg is disfigured comp plewaly amd. ihe 2 8 'tog. T Taking all aul 1 these facts the appellant has urider i. Cigim peniion"
'By 4 oe &0-of MV, Act seeking com
3. The. said claim petition had come up before the Ciadine Tribunal for consideration and the Tribunal in ' pe Gosen, sate atin E & Peas % . material on record hes PST MAIR ISG Re ROLE EAPC PREGIOE BPG Lr Rae, BH ee appellant/ la Tribunal erred in not Oe, compensation tewarda injury, pain and sufferir Ea allowed the cle petition in part and awa arded compensation of Rs.1,15,000/- under different 'heads with inte at 6% p.a, from the date of pétition.till the. ~ 4 date of raalisation. satisfied with the. quantum of compensation awarded by the Tribunal, 'the appellant requires eihanvement
5. We have hea rd ke atied counsel appearing for the 'counsel appearing for the secor:d at the outset submitted that the Ci be s, ea A bs e «the. berned Coun
- may award j just a nel with lew as the Tribunal RE TOW TOUTS BRAS QF ge hal Bal OH, GB Er' b te bP, bets Eom, we 2 Eee ams ae sas, Lot ey 4 od 7 "oe discomfort, disability, unhappiness, onveye arice, inet awarded _ nourishing food and attendant charges a Therefore, the imp: weed' ju igen and award passed by the Cliina Tribwnal ig liable. te be ring for , the learn ned C Ce Sunsel a ap the second reapes sdent. ~ lsu rer inter-alia contended that the Tribunal has. awarded . 'fp ast and reasonable comperisatin o efter dus appreciation of the oral and doecumen ry y evidenice 'e = avmilable on record and the same urt. However, does not call fo for i interference by this ¢ for the second a eat arurrig ds 2 e0E insu ae os oe ioe) -- He the laid up period in accordance oge of income durin e248 hes not awarded any dP VASA POR PEe lo UAE Sow bad Sal BSB "had BRS, FG PO, £ HR WBS Yous oF Vel WS Bye ET BR * 'treatoient for a periad of 62 days on differe $y £ . 7 . gf. Sa the submissions of the:
lsarned Counsel appeari men and Award pasaed by a, > FF Pyare 2, 7 a beek thieun ke vm quien wom "Conign the Claims Tribunal, the only point. that.-erises for comsideration is as to whether the. quantum of %, compensation awarded by the' is just and reasonable?
9. The occurrence of acculert and the resultant injuries. alstaiied "by the appellant in the road traffic accident are not disputed: ly is also not in dispute that @ ae, beak ~ £64 ee Sn -- a? | To, ' WMpavenl ana also underwent an 4as been inserted. The operation.fte mgh suffered 50% permanent physical disability aml 25% to the whole body ari without RAIN A TARA, Mor) LUI § Gir Z A Bh = A 4 & & RNG Meh FL Shase Sys" Gash GALS and. suffert charges, -Rs.18, i completely and he is unable to wear slippers... The we.
Dector has opined that the appellant has sustene comminuted fracture lower 1/3'¢ of tibia and fibula of. ~ mnt of fracture, & ys considerable arnount toward ght have taken bed rest. Due te the injur sustained by the appellant/claiment, he may have to suffer disabilities throughout his life and avocation would be'affected,
10. Takiry all these aspects into cormideration, we deem it fit to award Rs.30,000/- towards injury, pain t Rs.25,000/-, Rs.30,000/- ee, ee _ .
towards conve . for 6 months) and wities, disability, ae AIS Iai Ge Lar Rut Roh AE "y <P PE AL GA, EGS, PSH, vot BB Rage Tet al BSB com pensatio in award age However, the Tribunal hase awarded Ka.50,C ical expenses and Re.16,000/- for love and. by thia Court is not called. ra tdtal against "a neement of Rs.73,000/- with intereat at 1 6% pa. 8 from the date of .
petition till the date. of te
11. Accordingly, the appeal | filed by the appell wed in n part and the itp pugned Judgment and Awa ing compersaton of 2a. from the date of "
aside 2 S "% 2 Ps, ee mone 2b E & z Rs. 73. 0007. with inter tion tll the date of realisation m addition to the as the Tribunal.
wt << he HIGH COURT é Vs WE WP PRARINALAIR Mido KUIURT OF RARNA Ge Respondent No.2 is directed to deposit «the enhanced compeneation with interest within three te of rece weeks from the sunt along with accrued interest Se shall be released in favour of the appellant, immed ely on deposit of jirected to draw the award accor Sd/-
JUDGE