Karnataka High Court
Dinesha S/O Ningaiah vs The Manager on 23 August, 2010
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT aANGALORE=--._
DATED TIIIS THE 23"' DAY OF AUGUST,
BEFORE H" : u%R
THE HON'BLE MRJUSTICE B.SREEN'IVA'_S"F:_
MISCELLANEOUS FIRST APPEAL OFR'_:§ROoI9«I
DINESHA S/O NINGAIAH
AGED 28 YEARS
R/AT SANKENAI-IALLI VILLAGE
KASABA HOBLI _ --.
HASSAN TALUK AND DISTRICT. *'.';~.vAP'P..ELL'ANT
(BY SMT: I<AVIT~vII'Ag{.'r:, AD_VO.CATEI"~
I. THE MANAGERS. '1; ;;
ORIENTAL INSU'RA_NCE CO LTD, _
DIVISIONAL*--OFFICE' I .
C NANJAPPA B--UILDI_N€3 "
SFIUBHASH 'CIRCLE '
HASSAN. ' "
CSVBQREGOWD/--\ _____ I
"'SgO"SIDDE'GO"vVDA
, .rvIAI.OR I .
_ PW O "CO NTRACTO R"
'CHI-I<_r<IA I<vAI:A_LUR'U"VILLA<3E
DODDA I~IOB'LI'.j_ HASSAN TALUK
HASSAN _OISTR~ICT. ...RESPONDENTS
V'-.(BY SRI": ARAVISHANKAR, ADVOCATE FOR RESPONDENT No.1,
I .=|_\_J4OTICE TO RESPONDENT No.2 IS DISPENSED WITH)
P."~THIS="MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
'f=.I7*3«{3.) 'OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
*D"A.ItE_,D_f3o.o8.2oO8 PASSED IN MVC NOIOIS/2006 ON THE FILE OF
PRINCIPAL CIVIL JUOGE {SR.DN.) & ADDITIONAL MACT, HASSAN, PARTLY
I35
2
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:~
J U D G M E N T
This appeal is by the claimant for enhancer'n.Se'nt"'-Vvof compensation awarded by the Tribunai.
2. Heard, the appeal is admitted and»w.ith thew' learned counsel appearing for the parties, it_'_'Iis'CVtaCCken' disposal.
3. For the sake of convenience,,.._tIhe.parties Oa"i'e.,refe§rred to as they are i'efeI'i'ed the Tribunal.
4. The baa On 4f.9';3,.2OlI6,-»vpyh'e'n tOl'*eL.€c.§aimant was proceeding on the left SauntLhveDete APMC, B.EVl.Road, Hassan, a moto-rey._c~iegi'i3:ea..::ing";~registration No.KA--13--Hw29S came in a rash I""'a'nd negIii-gent.-i'ria'nnei' and dashed against him. As a result, he fell and sestained injuries. Hence, he filed a claim petition before Hassan, seeking compensation of Rs.5,00,000/~. The %/ 4 were examined as PWs--1 and 2 respectively. He was treated as inpatient for a period of 15 days at S.S.M.Hospr'tal, Hassan. PW~»2» Dr.§-i.S.Ravr' has stated in his evidence that he has tregaVteidr._Vthe claimant. His right leg is shortened by 2 cm. compal*i_n"g"t'o.f_le_ft5leg; H He cannot fold his leg, sit cross~legged. He has sL§fferVAé:C:f.u(§Vj'§,lé:t3i_|it-fivglgf.'V 35% to the right lower limb and 230/ofito _tbejrwiidl'e' Tribunal has considered disability tqtlfie whol_e'body1at--lS.5/d." V
8. Considering the nature of injdriels,_Rs.2i';ClO_O}~ awarded by the Tribunal towards 'pain ariidfisuffeirinig',:'is._Qri'the lower side and it is deserved to be enh_ancedAA.by:'_another and I award Rs . 30,oo0/ -:b"iid'e'lri'..:t':iii. ' l
9. Thea"clVai«n1arl-tahnais._pro_d'Lice'd.medicai bills for Rs.37',877/--, The Tribunal aV'fterV_:'care--fell'=~,rViscrutinising the bills has awarded towards h'n'ied-iical expenses' and there is no scope for head.
was treated as inpatient for 15 days at Hospital,' Hassan. Considering the same, Rs.2,000/- {fawardedlFby the Tribunal towards 'incidental charges' is on the %/.
iower side and it is deserved to be enhanced by another Rs.8,000/-- and E award Rs.10,000/- under this head.
11. The claimant claims to be earning Rs.10,~9--O.Q/A"d.joirig bar bending business as well as agriculture and he"'hVas'fp*rodticed'« pahani standing in the name of -:'Th_e'--_?_ri'b"una«E considering the same has assessed the inr;o'rn_e of the"cvla*én*iant,a't--.. Rs.3,000/- per month and awarded"'--ai"sum Vof--«toi/vardsf 'loss of income during laid up" Qeriodi"§"' same is jtistand proper and there is no scope for enhancen1e'ntV7't;'nd_er~.:;'i:.i.s" head. claimant, the -f the doctor and amount of discomfort and-.tir1ha'b'pine.ss:.<theclaimant has to undergo in his ftiture life;rzs.y1o,oo»o[_{"ewetdeo by the Tribunai towards 'loss of tTh'e,.._|vower"'s'i&de and it is deserved to be enhanced by I award Rs.20,000/- under this head.
13?)"-."fh.e'D.o"ctor has stated that the claimant has suffered if":d4i'sa:b'i%ityg_of 35% to limb and 23% to whole body. As per the d4ésaibi.|V§ty~ stated by the Doctor to the limb, the whofe body disability come_s.} to 12%. The income of the claimant is assessed at 63/ Rs.3,000/-- per month. He is aged about 30 years at the time of accident, and the multiplier applicable to his age group_,_i__s 17. Therefore, the 'loss of future income' works out to (3000><}2/100x12x17) and it is awarded as against:«.Rs_.f2*i3,'80jl},'; awarded by the Tribunal. V _
14. There is implant inserted and is removed. Therefore, a sum of ,is'~.towa"rdsW'futureV medical expenses'.
15. Thus, the__claimant'=is'v--.eif}titl'e.dv""--.foi5 the foliowing comifiensationw E Rs.30,000 Rs.32,81S Rs.§0,000
a) Pain and sVuf"fer-ingis' A
b) Medical .expense:s, 0'
c) incidental~cha'i"ge's.T
d) Loss of i"r:a::o"meV duri-r_ig~~-"
lagidup peri"od_ V
e)._'Loss._of a_menities ----
, f), Loss'of_fu'ture income ' g)''Fiitui:e'lmedical expenses I Rs. 9,000 Rs.20,000 Rs.73,44O Rs. 5,000 E I J 70 E"
I---' an F3 l\J U'| an A g TOTAL Accordingly, the appeal is allowed in part. The award passed by the Tribunal is modified to the eicteritll stated herein above. The claimant is entitled for a total %/..
compensation of Rs.1,80,2SS/w as against Rs,1,04,{)OO/~ awarded by the Tribtinai with interest at 6% p.a. on the enhanced compensation of Rs.76,2S5/~ from the date of ciaim petit_ion;"ti4i_i'~.tVhe date of reaiisation.
$7. The Insurance Company is:"Vdirected--.' to the enhanced compensation amount with inte_re's_tA. within.t'wo«. from the date of receipt of a this...oi=de_i;. the' enhanced compensation, an a«moun_t- Rs.SOi,OU:U/-- with proportionate interest is order'edi'tQ"* iinvestedé 'in fixed deposit in the name of claiinant in anyiiv'i\i'a;tio'n«a'iii--s_ed/Sicheduled Bank/Post Office for a period"%"of'ii..ivf0_V amount with proportionate interesxt.isorderedAfton'beareileased in favour of the claimant immediately after the .de'pos--Et. tviggosts.
Sd/~ Fudge