Karnataka High Court
M/S Oriental Insurance Co Ltd vs Smt Neelawwa W/O Basappa Kambar on 11 February, 2011
Author: N.K.Patil
Bench: N.K.Patil
IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DHARWAD. i
3 THE 117H DAY OF PEBRUA RY.201 | 1 :
BEFORE
My)
(20 Os
M.P.AgNO.2201 /269
BETWEIEN:
M/S Oriental In SUPance
Company Ltel. eS
Merchants Co 'Ope ral iver
Bank Building. ¢.
Bus Stand Rowe cl, .
Bailahongal. ~~
Now represented. by."
Regional OF
# 44-45,
Lee y Shops ping cOMmpiex,
#2 , Re sidency Road Cross,
APPELLANT
"BY Smt.Aruna Deshoande for Sr. A.M. Ven katesh,
W/o. Basappa Karnbar,
Age. 52 years,
Oec: Household and coolic
R/o. Mekalamaraadi,
Tal. Baithongal,
District: Belgaum.
Fine)
e. Srp Visawambhar
Shidramappa Kamkar,
Major,
Occ: Business,
R/o, Koppad Gall,
Tal: Bailhongal,
District: Beleaum é .
(Owner of TVS Xlpmotor evcle
No. KA 24 M 4449)
RESPONDENTS
(By Srv. Modanmohan Mi hansur, sdvoc ate for RI
R2- Served) : oe mee
lan ends "First Appeal is filed under Section
vagainst the padement and award dated
dm MVC Ne.621/2005 on the fle of the
This Misce
173(1) oof MV:
Member, Additio mall MACT, Bailhongal,
IWATA ne é i «189.7 74O0/- with interest at 8%
p.a. from tne date al ithe payment.
CClAVVE
Basi appa Kambar
Age: 52 years,
Oece: Household & Coohe wark,
Bes lege: -
p: ist: te Belgaum.
Sis
jyector
a het
Cbed
M/s. Oriental Insurance
Company Limited,
Merchants Bank
Co-operative Bank Building,
us stand Road, _--
Baillhongal-59) 102.
{
i.
Now represented by
Regional Office,
#44-45,
Leo shopping Complex,
25, Residency Road. Cross,
Bangalore-
590 O28, 7 -
By its Administrative OMmcer..
2. ori. Vishweumishar.
Sidramma Kambar,
Age: Major. (Correct.
Occ: Business,
not Knows)
te for RE)
2. Notice dispe nsed with v/o. dtd.
This MEA Crob. is filed ar €
made, of ind) Procedure, 1988 against
award datead.06/09/ 2006 oassed in
the | F | :
svekd ng nha formnpensation.
ane tnaretsnn
JUDGMENT
aa mh Though these matters are posted for orders..% consent of learned counsel for both parties, |r taker Up. these matters for final disposal.
2. The Miscellaneous First Appeal by the. Oriental insurance Co. Lid. and the "A. Crob.. by the cross- objectors are directed against.the same impugned judgment issed im MYC No.6 21/2005 on the file of the Givi Judge (Sr. & Member, Addl. MACT tribunal' for short}, seeking modification of the impugned yudginert and award passed by Tribunal.
8. Pacts in @ mursnell are, on 30 pom. near iInchal cross,on yer and hit the clannan t i cross objector sustained injures. The claimant was, aged about 50 years and was working aS Co Cotton Mill, Bailhongal and was earning was hale and healthy prior to the accident. im. the said yiant RAS sustained four inp certificate issued by Doctor reads, thus-. Samet Abrasion over right face 4-x S..cms. | bleeding present. ee forte 3, yx Zcme. Over left leg and on set eee? eee wd gs nn "Lape | ener gs eae Amount towards medical expenses, other incidental : 5 nas assessec i
-
/ oN 45% tothe right leg. Therefore, claimant has fied ac petition before the Tribunal under section 166 of MAY > Aet, claimine compensation. The said claim: petition had ¢ come uD. ER at i i er for consideration befere the Tribunal. The 7 a: ree i ae Sa en a ee ee hearing both sides and alte g the 'oral and documentary evidence, has alowed the said. clan 41} petition in part and awarded a sum e1,89,/ AQ/- as. compensation under different heads with i of petition ul ms deposit, . Being agprieved by the said judgment and award, the Insurer ~ has filled an appeal jepsahion awarded by the Tribunal contending | that, the vom iS On 'highe® Side "arid i 18 required io be reduced and claimant as flee. Crogs' objection contending that the compensation awarded by the Tribunal is inadequate and it ore qeuire Sscenance -ment, by modifying the impugned judgment at id award:
5 Po have heard learned counsel appearing for the _ Fnsurer'and learned counsel for the cha rreant, ©. After careful perusal of the material available an file and the oral and documentary evidence, whal emer that, the occurrence of the accident anc injuries sustaimed by the claimant are not by the claimant, she has taken treatment as inipal days and during id period She might have underwent pain and agony, spent reasonable "amount towards ;
i S = peel me o a a oS Me bene em a ne ou foe ieee ey pow o + Mow i ae =i io ie faa bod 2 ry ae ae % ws + pet' a ow a a tek we © bog eee on a tae cy CE ~~ Jno hea m Feel fe ior fn ee ee ora follow-up treatment arid bed rest for four months. The PW2-Dector has deposed on clinical and radiological exaimination trat there is permanent disability fq the ©: After reappreciation of be on mae a ty "OP eda, a : : reed Layee ye geen pee ety peed a a en the eyirctence Gi tne Doctor arc naving regard @VYOCOTON, "injuries sustained by the claimant, | asses 4 towards whole body Le oe ye ad » disability. But, permanent! whole log luan ey ané Cia live nil + ay f meg! + wi 'Sat a ¢ yes ey wk ONE a , wade s . o © mx Prpary Ff avke0/- per dav. But, this Court can easily assess €3,500/- per month as the monthiv income of the claimant to meet srs of justice. Therefore, taking m ms fat os a "s eormsideration, | deem ib ti ta award vowards pain and sull towards conveyance, nourishing foed arid attendant Che as against *1,600/-, £14,000; an towards [loss Jol incane iy i Gf @3,500/-.per manth for a during laid-up period at the rate of <- period of four months as AS! Of-, %20,000/, towards loss of amenitis discomforts. ancd- unhappiness as fulure iecome against €],03,680/-. mE at Tribunal is justined medical expenses jnerses. Therefore for interference. in all, claimant is entitled to somtion of 72,01,560 «awe getaeee be Toingieeen ll feos la pene ark peapplainy bone imsurer that Tribunal i Mot USTINGG I BWarcing PAberest ei anne the rate of 8% p.a. Having regard to the facts. and fal circumstances of the case, interest will be awarded at the £ rate of 6% p.a. from the date of petition tb" che Gate of realisation. --
8. For the foregoing reasons. appeal fled by the- insurer and the cross-objectior:. filed by the-cross-objector- claimant is allowed in part. The impug ened judgment and award passed by the Tribunal dt. 66/99/2006 in ye No. 62 1/2005 is hereby modified by aw arding a-sum. of a hy 820/- irr addition to the compensation already as rded by the Tribunal. Claimant is entitled io interest at the Tuite of 6% p.a. from the date of petition tu the date of realisation in respect of the entire "compensation amount awarded by this Court. 'The appellant-Insurer is directed to deposit the enha snced amount w ith interest at 6% p.a., from the date of oe: petition 'i tis realisation, within a period of two weeks from the date of receipt of a igment and award. ed amount with interest shall be released in favour of the claimant-cross-objector, immediately- Draw the award, accordingly. respondent-insurer MPA Crob:}/2008 within 1wo0 weeks from today.