Karnataka High Court
Madhusudhana S/O Chandrashekara vs Jagannath S/O Thimmegowda on 26 October, 2010
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26*" DAY OF OCTOBER. 2010 BEFORE THE HON' BLE MR. JUSTICE Miscenaneous First Appeal No. 9012 qmgsn,mwc;, Between Madhusudhana, S/0. Chandrashekara, Age 21 years, , Behind B'rahmin's H0ste1,_____ Rangoli Halla, I ' A , A Salagame Road, Hassan. ... Appellant 1. Ja'gannath~,f _ J S /'Q. 'Fhimmeg0u/'da, j A " Aged "35 years, Ranganatha Auto Diesel Works, Sarithepete, Gorur Road, . A' '~v.Mu"ni_eipal Complex, 2'; ANeW India Assurance C0,, Ltd., " _ Herna Mansion, Gandhi Bazar, '"Hassan, By it's Manager. Respondents
[By Sri. D. S. Sridhar, Adv. for R2, 2 R. 1 -- notice dispensed with V/O. dated 03.02.2010) This MFA is filed U/S. 173(1) of MV Act against the judgment & award dated 30/01/2008 passed in MVC No.325/2005 on the file of the Prl. Disftf»-Judge and MAC'I'--1, Hassan, partly allowing the claiI'n._.pet-i.tion for compensation and seeking enhaia-c.en1__en1:_._"aof compensation. 0' This appeal coming on..for..Adrnission, dayg; the Court, delivered the fol1oWjng;_ 0 it A JUE§MEN?Veh0' This appeal,' is _ olaimant seeking enhancement of cornperisation. :0.
2. Heard. _:_is..Vv'ac1ri1itted and with the consent: of Ciotiiisielhi appearing for the parties it is taken fir1a14"c1i_s'posal.
3., _ gFor'the 'sakeof convenience parties are referred to . ., A 4 asfitheiy are referred to in the claim petition. 0' VB'riefV..facts of the case are:
"That on 21.11.2004 when the claimant was going 0 onhis motorcycle bearing registration No.KA--13--L. 8617 towards Hassan city near Halasinahalli, a Canter bearing registration No. KA 13-1219 came from opposite direction in a rash and negligent manner and dashed against the motorcycle due to the impact the claimant sustained grievous injuries. Hencevlierfiled a claim petition before MACT, compensation of 33,00,000/- and awarded compensation of Rs. 1 with4'i1ite_resteat 6% p.a.
5. As there is no dispute occurrence of the accident, negligence Insurer of the offending that remains for consideration:i'si:~w._ 4': it t llll " coilfilfievnsation awarded by the Tri'ou-nal,gis~jVu'stand reasonable or-does it "call for er1ha_n'ce_me11t?
63.5' * «hearing the learned Counsel appearing for " and perusing the judgment and award of the ._ of the View that the compensation awarded the Tribunal is not just and reasonable, it it * Visa on" the lower side and therefore it is deserved to be « 'enhanced.
7. As per Wound certificate the claimant has sustained fracture of shaft of left femur. The injury sustained by him are also evident from discharge card Ex. P 5, case sheet Ex. P 8, X-rays supported by oral evidence of the the doctor examined as PWS 1 and 2 Ramakrishna Bhat ha'sw__Vstated"
examined the claimant 'found that movement of left are restricted and _ painful; difficulty Dsleziuatting, climbing stairs :25F>*b to left lower limb and .
8_ of injuries, $25,000/--
awarde"d_4.Vb5r towards pain and suffering is lower"'side__and it is deserved to be enhanced by of €10,000/-- and 1 award 335,000/-- 'l A y 9; Q. '%.26,500/~» awarded by the Tribunal is based it 'on the medical bills produced for the said sum, there is scope for enhancement under this head. fin'
10. The claimant was inpatient in S.C. Hospital, and Hemavathi hospital, Hassan for about 16 days. Considering the same ?.6,000/- awarded Tribunal towards incidental expenses;:.:Als'u'clri:'~- a. conveyance, nourishment and att.e_I_1dant"cl1arges Vi'.-3 on H"
the lower side and I award ?.10,(;)Q0;'/_'--i
11. The claimant ghaxlfet earning $3,500/-- by doi1:ig"'~..tailoring;.__work' st: Balaji Garments and he has "'saIar§irl'l"certificate Ex. P 10. claimant, his profession. income is assessed at l?is.3.000/-- p.m. assessed by the"'i"*ribunai.:V injuries suggests that he must have beenllundiuar treatment and rest at least for Vitmaée and I award €510,500/-- towards loss of laid up period as against '€6,000/-- V --V awardetlxbylllthe Tribunal. 12=.»,_ Considering the disability stated by the doctor
-- an amount of discomfort and unhappiness he has " "to undergo in his future life, I award ?. 15,000/-- towards loss of amenities as against ?.3,000/- awarded by the Tribunal.
13. The claimant is 18 years. The "jV:In_.u1tiplier applicable to his age group is 18. assessed 7% disability to the Wiiole j'. future loss of income works out f x 7% X 12 x 18) is" against 345,360/-- awardediqy if f
14. Considering the Tribunal has rightly awa.rded future medical expenses and 'doe4s*not' eaii for"enhancement.
15. bus 't1ieA:«:.c1ai'1n'ant is entitled for the following co1np_ensation':' L11] " Pain and suffering =5 35,000/-- V7 v__2T"-.pith/Iedical expenses ?_ 26,500/-- A D'I?{;iCid€i'1'[El1 expenses ? 10,000/-- 4]' - 7Loss of income during i v Laid up period 3' 10,500/--
V 5) Loss of amenities ?. 15,000/--
""5} Loss of future income ? 59,920/- 6] Future medical expenses ? 5,000/-
----_-- _----..-.~.------
Total ?.1 .54,920/-
---__- _____ ----_-_-.~.-_
16. Accordingly the appeal is allowed in part. The judgment and award of the Tribunal is modified to the extend stated hereinabove. The claimant is erithitied for a total compensation of ?.1,54~,920/f;""'as;_~itagairist ?'.1,1l,0OO/ -- awarded by the Tribunal at 6% p.a. on the enhanced co.mpeAn«s?ationA..of rounded off to Rs.44,0»f30«,{-- irorn the'jd.aie_VVVoi3 petition till the date of realisation:
17. The Insurancp to deposit the enhanced iv..._iITiterest within two months. receidpt of a copy of this compensation 75% is ordered to be invested in FD». in ther1a'1me" of ciaimant in any nationalised or a period of twelve years with an ._tof.d'pre'new from time to time and remaining arlioiintv "is ordered to be released in favour of the d is ;c1ai1r1'ant.
No order as to cost.
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