Karnataka High Court
The Divisional Manager National ... vs Shivanand on 12 April, 2012
Author: Subhash B.Adi
Bench: Subhash B. Adi
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE l2 DAY OF APRIL, 2012
BEFORE
THE HON'BLE MR.JUSTICE SUBHASH B. ADI
M. F. A, No.3463/2008 (MV) C/W MFA.CRQB.780/2009 (MV)
In MFA.3463/2008:
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO LTD
SUJAThA COMPLEX,
P.B.ROAD,HUBLI.
DHARWAD DISTRICT.
REP.BY M/S.NATIONAL INSURANCE CO.LTD.,
REGIONAL OFFICE,
SUBHARAM COMPLEX, NO.144,M.G.ROAD,
BANGALORE-Ol.
REP.BY IT MANAGER. ... APPELLANT
(By Smt Aruna R. Deshpande, Adv.)
AND
1. SHIVANAND,
S/O.RANGAPPA PATIL
AGED ABOUT 28 YEARS, 0CC: DRIVER.
R/O .A.JJANAKATfl,MAMADAPUR POST,
GOKAK TALUK,BELGAUM DISTRICT.
2. SHIVANAND
S/O.ARJUN MASTARGOL,
AGED ABOUT 20 YEARS,
RIO. SRI. RAMNAGAR,
DHARWAD. ... RESPONDEN1 S
En Sr: ;9$h S N"-'ma". Ad fo R .
.HIS MFA IS '-lIED 1131' OF LW ACT AGAr;s: 1 HE
iJLMEN1 AND AWARE DATEC
q 2, O8 pAcSEI, fi 'lv,
•1
.%js° 2&Q Or: THE FILE flr iHt R._ tavl JDGE Sk.i\ 1. •..
ArIc
..,1
c
1 %r:
PE!
- J 'i 'l.A C 1 OhAR AD '"'ARI C'
04 loJI WITH INTEREST AT THE RATE PA IPO '-1.
DATE UF PETITION TILL PAYMENT.
!' MFA CROB.78Q/2009
BET VIEEI%
A'aAND 5/0 ARJUN MASTARGOL
'H
T
AGE 2 YRS OCX. MWIANIC.
RIO SRI.RAM NAGAP.
r HARWAD CRW -CBJFC')P
S S. GIRISH.5 6
4 TH
HIR FM, AflV
N
HhFANAND ANG4PPA PATfl
L YR' CC. DFIVIrR
,,3i4'JAfrAflI 1-0 9AM?LA1u'
.
IQ GOkbr DISI BFLcA'J'I
I E Lu;Icio\A :iAt'AGfQ ''
- ALIN bPArEC
I.JAfJ.. '(.11 LIX FA t A.,S 4') S
fl
V
-- F %II
s. '.
T fl Fr1 I 1. ..
7
)l TAt D U
--4 -- . --ItI. F
I I
C
.4
t
:3:
THE MFA AND MFA.CROB. ARE COMING ON FOR ORDERS,
THIS DAY, THE COURT DEUVERED THE FOLLOWING:
JUDGMENT
MFA.3463/2008 is by the insurer questioning the quantum of compensation.
MFA.CROB.780/2009 is filed by the claimant seeking enhancement of compensation.
2. The Tribunal has awarded compensation of Rs.3,04,463/- with interest.
3. Facts which are not in dispute are:
That the claimant had suffered as many as 9 injuries. From amongst the said Injuries, injury no.1 was grievous in nature. The doctor has assessed the disability at 35%. The Tribunal by taking the disability at 35% has awarded compensation of Rs.2,26,800/- towards loss of future income.
4. There is no discussion by the Tribunal as to how the disability of 35% could be accepted, i.e. whether the disability was to the limb or to the whole body. In a callous :4: manner the Tribunal without taking into consideration the nature of injuries, has taken the disability as stated by the doctor. In my opinion, the compensation awarded towards the loss of future income requires modification.
Hence, taking the disability at 15% with income at Ps.3000/-, the claimant is entitled to Rs.450 x 12 x 18 = Rs.97,200/- as against Rs.2,26,800/-. Hence, compensation Is reduced by Rs.1,29600/-, i.e., the claimant is entitled for global compensation of Rs.174,863/- with interest.
5. AccordIngly, MFA.3463/2008 flied by the insurer is allowed.
MFA.CROB.780/09 filed by the claimant Is rejected. Amount in deposit be transferred to the Tribunal.
6. Smt Aruna R. Deshpande, is permitted to file vakalath for respondent No.2 in MFA.CROB.780/09.
Sd! JUDGE sub!