Karnataka High Court
G Vijaya Raghava Reddy S/O Late Govinda ... vs M/S Ksrtc By Its Managing Director on 18 November, 2010
Bench: N.K.Patil, H.S.Kempanna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 181'" DAY OF' NOVEMBER, 2010;
: PRESENT :
THE I-ION'BLE MR. JUSTIC__E..N_._K. I-$;ei'i*1'L--:
AND A
THE HON'BLE MR. JUs~'f_I_(:--~p H.s;K}s;r.apANA1§*g§«-V
M.F'.A.NO. 9179 OF_'_.u2:0.Q5VV.{MV)
Between: A
(}.\/ijaya Raghava Raddy,
S/0. Late GOVinda'R.eddy,
Aged about 40 yearsf U _V
4"" Cross, J.C;"R.Extefisi0n,4"--ff--
Opp. L0kayuktha"O17f§ee, 3 A
Chitradurgaf" *-
_ . -- . ...Appe11ant
(By Smt. Sp0G;thy_Hegd.e§t'V,. fay Sri. D.R.Nagaraja, Advocate)
And:
."'VVMlS-
-V its 'Man"a'ging.ADirect0r,
'K.E~Iv.vD'oub1eRoad}
" Sri. K;N3'agaraja, Advocate}
SAariev.Bhéwa'1@, hanthinagar,
Bangalafe. V' "
' Respondent
-A-7l--7l")c'a\"a'c "This MFA is filed U/S 173(1) of MV Act against the "~--'ddud_gment and Award dated: 07/01/2005 passed in MVC 'v.Nd.544/2001 on the file of the II Add}. Civil Judge(Sr.Dr1), 0""/W/M"
DJ the same, the appellant sustained bodily injuries and he was shifted to Chitradurga Hospital and therefrom--___to Bapuji Hospital by a hired car.
3. it is the case of the appellant that, aacoulnt» l of the injuries, he has underwent'Man"operatiorI'i«and~la steel rod is inserted. During the period. of trea_trncnt,l has spent considerable amount'»towards'co.nv.eyance, nourishing food and.*attendant~; charges including medicai expenses and other iilnlcidenvtalf;gjézpenses and therefore, he has ltf;3_be Compensatedlreasonably.
4. o'f~,the influries sustained in the accident;-the. the claim petition under Section__V166i""..9f' the Motor Vehicles Act, before the :_f'l'1'ribunal,:_-.rseekingllicorripensation of a sum of 308.00 respondent and the driver of the offending The said claim petition had come up Acons'1d__e'ration before the Tribunal on 7"?' January it The Tribunal, after considering the relevant vrrraterial available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of 335,000/~ with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with quantum of compensation awarded by the Tribjdinali,' _ appellant is in appeal before this Co'£11"t-,flf_s.se'el{ingif enhancement of compensation.
5. We have heard learned counsel foirHlapp.eVllanti and learned counsel for Corp_or:ation_, for "c.onsiderable length of time.
6. After hearingi"lleaIn::ed'Vfor the parties and afte'r"pie'r1.;1sal'the'ju-dginentliand award passed by Tribunal"inc.ludi.rig«..theil'original records placed before us, we areof the Viiewnthat, the occurrence of accident and if V' the resuitariitz injuriessustained by appellant are not in that he was aged about 40 years and as Engineer in a Private firm, getting of._?6,000/-. The appellant has taken treatment _fo.rl*ablout 7 days in the Hospital and underwent two surgeries. During this period, he would have under A' gone lot of unsaid pain and agony and must have spent .. 7,/-"// /av*""
6
7. However, a sum of 310,000/» awarded by Tribunal towards medical expenses is as per the rnedicai bills produced and is just and reasQi1.a:bie:--_ Hence, it does not call for interference.
8. In the light of the facts the case, as stated above, the appiealiinfiileid is allowed in part. The judgnj1e'nt:
dated 7th January 2005,,-passe.d----infl_MfV7,C.No}'544f2OO1, by the 11 Additional CiV'iiii'Jittdge-(Sir,:Dn)gtfftdditional Motor Accident ciaimaj Tribj,inVa1i,_:'_i Chitrjadurga, is hereby modiiiedi" dsiijm a'{"'%"78,ooo/» as against 335,000/Vvéigiwarded with interest at 6% per annum on the evnh.anee*d'isi,1m, from the date of petition "tin tiiadate or.,i~ea1i.t»§ati¢5ti. The break--up is as follows:
"xi enjoyment in Iifiei aVn:j_w%s.ufferings ? 30,000/~ J'I'owiard.s Lfies of amenities 85 i' 20,000/» [ fifowai~d"a .M'ediCa1 Expenses r 10,000/» "".--:i."V'i"--Towjards cfiiveyance, nourishing food ? O6,OOMO/-- A attendant charges ii["I.'oavard_s'i Loss of earning during 3' 12,000/1 i;ti"ea'.jment period ":1 ._ Total 3' 73,000/1 The respondent -- Corporation is directed to deposit the enhanced compensation of 343,000/4-i,,V_jw_i_t1:; interest thereon at 6% per annum, within ~ from the date of receipt of copyof .the Ru award.
On such deposit by tiixea'Coryjorationi,'-.ItFi.e""'entire sum shail be reieased in'V.i-i'ax.ro*.--1i"'-»_of tliie--apgoeliant, immediately.
Office to_.d«1*aW. I Bm/'*t' 'V K