H M Gangadharaiah vs Asif N Satt on 31 July, 2012

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Karnataka High Court

H M Gangadharaiah vs Asif N Satt on 31 July, 2012

Bench: Huluvadi G.Ramesh

                         -1-




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 31ST DAY OF JULY 2012

                      BEFORE
    HON'BLE MR. JUSTICE HULUVADI G.RAMESH


         M.F.A. NO. 5632/2011 (MV-GEN)


BETWEEN:

H.M. Gangadharaiah,
S/o.Marulashettaru,
59 years, R/at Shadakshari Extension,
9th Cross, Tiptur-572 202
Tumkur District.                   ...APPELLANT

           (By Sri K. Shantharaj, Adv.)

AND:

1. Asif N. Satt
   S/o. not known
   Aged about 57 years,
   Khimjibhat Petrol Pump
   P.B. Road,
   Belgaum - 590 002
   Belgaum District.

2. The New India Assurance Co.Ltd.,
   Represented by its Manager,
   No.1663, Sri Bhawant Chambers,
   2nd Floor, Rami INO KHIND Galli
   Belgaum - 590 001.     ...RESPONDENTS
                           -2-




     This M.F.A. is filed under Section 173(1) of
M.V.Act against the Judgment & Award          dated
20.9.2010 passed in MVC No.531/2006 on the file
of the Civil Judge (Sr. Dn.) & Addl. Motor Accident
Claims Tribunal, Turuvekere, partly allowing the
claim petition for compensation and seeking
enhancement of compensation.

    This M.F.A coming on for Orders this day, the
Court delivered the following:


                   JUDGMENT

MISC. CVL.13247/2011 is allowed by condoning the delay of 153 days in preferring the appeal on the condition that appellant is not entitled to interest for the delay period.

2. This appeal is by the claimant for enhancement of compensation against the judgment and award dated 20.09.2010 passed by the Civil Judge (Sr. Dn.) & Addl. Motor Accident Claims Tribunal, Turuvekere in MVC No.531/2006. -3-

3. On 01.01.2006, when the claimant was going in Mini bus bearing Regn. No.KA-05/A-8856 from Goa to Tiptur, and when the bus was near Anamoda Excise check post, the driver of the lorry bearing Regn. No.KA-22/A-3926 came from back side from Goa in a rash and negligent manner and dashed against the Minibus. Due to which, the almost all the inmates of the Minibus sustained injuries. So, also the claimant sustained injuries to his right leg. Immediately, he was shifted to Ramanagara Government Hospital where he was given first aid treatment and referred to Vijaya Hospital, Belgaum, and thereafter shifted to Nursing Home at Bangalore. He is said to have sustained fracture of right tibia and fibula and contusion of right leg and underwent operation. He was inpatient for 145 days. He is said to have spent Rs.60,000/- towards medical expenses. The appellant /claimant was working as attender in the -4- Civil Judge (Sr. Dn.) & JMFC Court, Tiptur and earning more than Rs.9,000/- per month. The appellant filed claim petition seeking compensation of Rs.5 lakhs. The Tribunal having held that the accident was due to rash and negligent driving of the lorry driver, awarded a compensation of Rs.1,09,000/- under the following heads:

1. Pain and sufferings Rs.15,000/-

2. Loss of income during the Rs.20,000/-

period of treatment

3. Medical expenses Rs.66,000/-

4. Loss of amenities, food and Rs.08,000/-

nourishment, conveyance etc., Total Rs.1,09,000/-

Being not satisfied with this, the claimant is before this court seeking for enhancement of compensation.

4. Heard the learned counsel appearing for the parties.

-5-

5. Claimant is said to have sustained fracture of right tibia and fibula L/3 present and contusion of right leg present. Having heard the learned counsel appearing for the claimant and the learned counsel for the insurance company, it is just and reasonable to award a sum of Rs.10,000/- under the head pain and sufferings, a sum of Rs.40,000/- towards loss of future earnings and another sum of Rs.20,000/- towards loss of amenities and enjoyment in life. Thus, in all, the claimant is awarded a sum of Rs.70,000/- over and above what has been awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit.

Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified enhancing the compensation by another sum of Rs.70,000/- in addition to the sum awarded by the -6- Tribunal with interest at 6% p.a from the date of petition till the date of deposit, excluding the period of delay in filing this appeal. The 2nd respondent - Insurance Company shall deposit the enhanced amount within three months.

Sd/-

JUDGE PL

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