Karnataka High Court
The Divisional Manager vs Sri Balasaheb Shrikant Baragale on 13 March, 2013
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 13th DAY OF MARCH 2013
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
M. F. A.13357/2007 (MV)
Between:
The Divisional Manager,
National Insurance Co., Ltd.,
Ramdeo Galli, Belgaum,
(Insurer Bajaj M-80 Motor Cycle,
bearing MH-09/H-1753, Cover note
No.911830 Valid from 23.10.03
To 22.10.2004)
Through its Regional Office,
Shubharam Complex, II Floor,
144, M G Road, Bangalore 560 001,
By its Administrative Officer. ... Appellant.
(By Sri Rajesh Rajanal, Adv.,)
AND:
1. Sri.Balasaheb Shrikant Baragale,
Age: 24 Years, Occ: Driver,
R/o.Shedbal Station, Tq: Athani,
Dist: Belgaum, Through his legal
Rep. natural father Shrikant Paris
Baragale, Age: Major, Occ: Agriculture,
R/o. - do -
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2. Sri.Balu Govind Gaikwad,
Age: Major, Occ: Agriculture,
R/o.Terwad (Gangapur)
(Owner of Bajaj M-80 Motor Cycle
bearing MH-09/H-1753 ... Respondents
(By Sri. Jagadish Patil, Adv. for R-1
Notice to R-2 held sufficient)
This MFA is filed under Section 173(1) of the M.V.
Act, against the Judgment and Award dated:31.07.2007,
passed in MVC No.1126/2004 on the file of the I Addl. Civil
Judge(SD) & Addl. MACT, Belgaum, awarding a
compensation of Rs.8,34,400/- with interest @ 6% P.A.
from the date of petition till deposit, and etc.
This MFA coming on for Admission this day, the
Court delivered the following:
JUDGMENT
The appeal by the Insurance Company seeking reduction of compensation awarded by the Tribunal, particularly, Rs.5,18,400/- awarded under the head loss of future income.
2. With the consent of learned Counsel appearing for the parties it is heard, admitted and taken up for final disposal.
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3. The learned Counsel for the appellant-Insurer submits that the compensation awarded by the Tribunal on all other heads except the compensation awarded on the head of Loss of future earnings, are just and proper. The only grievance of the appellant-Insurer in this appeal is when the doctor has stated that claimant has suffered disability of 35% to the whole body the Tribunal is not justified in awarding compensation towards loss of future income at Rs.5,18,400/- by taking disability at 80%.
4. Ex.4 and P.5 wound certificates disclose that the claimant had suffered severe internal head injuries, such as, diffuse cerebral injury, small bleed in the left temporal region, subdural bleed in left parieto occipital region, Ischemic edema in bilateral frontal region and generalised cerebral edema. PW.3 Dr.Vikramsinha Jadha, in his evidence has deposed that due to said injuries the claimant is not able to speak normally and will have difficulty in taking food and the said disability is permanent. The Tribunal having examined the claimant 4 as PW.1 has noticed that the claimant after sustaining head injury is suffering from paralysis, he is not in a position to move about and he has to depend on others for the rest of his life and therefore, the Tribunal is justified in working out loss of future income by considering the disability at 80% and I do not find any error in the said approach of the Tribunal.
5. Therefore, appeal is dismissed as devoid of merits. The amount in deposit is ordered to be transmitted to the Tribunal for disbursement in terms of the award.
Sd/-
JUDGE Sub/