H.S. Gopala vs M.P. Santhoshkumar on 26 June, 2013

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Karnataka High Court

H.S. Gopala vs M.P. Santhoshkumar on 26 June, 2013

Bench: N.Ananda

                             1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 26TH DAY OF JUNE 2013

                         BEFORE

         THE HON'BLE MR. JUSTICE N.ANANDA

 MISCELLANEOUS FIRST APPEAL No.7316/2011 (MV)

BETWEEN:

H.S.Gopala,
S/o Saganigowda,
Aged about 32 years,
R/o Uthpathihalli,
Sanyasihalli post,
Kasaba Hobli, Hassan Taluk.
                                             Appellant
(By Sri Chethan B, Advocate)

AND:

1.     M.P. Santhoshkumar,
       S/o Pandu, Major,
       R/o Malali village and post,
       Halekote Hobli, H.N.Pura Taluk,
       Hassan District.

2.     The Manager,
       ICICI Lombard Motor Insurance
       Co. Ltd. Krithika Archade building,
       Narasimharaja Circle Street,
       H.N.Pura Road, Hassan-573 201.
                                          Respondents
(By Sri Range Gowda for Sri B. Pradeep, Adv. for R-2;
      Notice to R-1 is dispensed with)

     This MFA is filed under Section 173(1) of M.V. Act
against the judgment and award dated 20.07.2011
                               2


passed in MVC No.921/2009 on the file of Prl. Senior
Civil Judge, Addl. MACT, Hassan, partly allowing the
claim   petition   for compensation   and    seeking
enhancement of compensation.

     This appeal coming on for final hearing this day,
the Court delivered the following:

                        JUDGMENT

This is claimant's appeal for enhancement of compensation. Heard learned counsel for parties.

2. As per wound certificate, claimant had suffered following injuries:

(i) deep laceration forehead.

(ii) deep laceration left foot with extensor tendon injury bone is seen out.(x-ray shows fracture 5th metatarsal).

(iii) abrasion Rt. Knee.

(iv)    abrasion Rt. Toe.
(v)     Tenderness L.S. Spine.
(vi)    Loss of upper/lower in cissors.

3. The claimant was treated in Mangala Hospital at Hassan. He was aged 30 years at the time of accident.

The Tribunal has assessed functional disability at 10% 3 and awarded compensation of Rs.1,85,200/- under following heads:

Medical expenses                          Rs.68,000/-
Pain, injuries and suffering              Rs.25,000/-
Loss of future earning                    Rs.61,200/-

Loss of amenities and enjoyment in life Rs.15,000/- Conveyance, nourishment and Rs.10,000/- attendant charges Loss of earnings during the period of Rs.06,000/-

treatment and rest
                  Total                  Rs.1,85,200/-

4. The claimant is before Court. On hearing learned counsel for parties, after going through evidence and observing present condition of claimant, I find that compensation awarded by Tribunal towards pain and suffering is inadequate, So also towards loss of earning capacity and future loss of earnings and loss of amenities. The Tribunal has not made provision for future medical expenses. Therefore, I award additional compensation of Rs.10,000/- towards pain and suffering, Rs.30,000/- towards loss of earning capacity and future loss of earnings and Rs.15,000/- towards future medical expenses. I award additional 4 Rs.15,000/- towards loss of amenities. Thus, claimant is entitled to additional compensation of Rs.70,000/-.

5. In the result, I pass the following:

ORDER The appeal is accepted in part. The impugned award is modified.

Compensation of Rs.1,85,200/- awarded by Tribunal is enhanced to Rs.2,55,200/-.

The rest of the impugned award is confirmed.

Sd/-

JUDGE mkc

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