Karnataka High Court
Sri Byrappa S/O Sri Late Ganganna vs Thirumathi N Viji @ Vijayalakshmi on 18 January, 2010
Bench: N.K.Patil, B.Sreenivase Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18733 DAY OF JANUARY, 2010
PRESENT
THE I-ION'BLE MR. JUSTICE N. K. M.-:~1;%%j ~
AND
THE HON'BI..E MR. JUSTICE B._SREENIVA$E'j,GOW})A._V M' '
M.F.A. N0. 1603
BETWEEN:
Sri. Byrappa, A --.
S/0. Sri. Late Gangafnna, V. " '
Age : 41 years, Occ : }_.\Ei£. ---.* M '
R/0. 91, near Thimmappa. BuiEding'," "
12"" Cross;'«Pushp{avaLth.i Na"ga;_,u '
.. '
Banga=1ore_"--» 562'; 079; _ V. "
Appellant
(BY Smfi. S'13.11-iv'C}'1a."'B. .A "for
S11feSh.M. Latur, Adv.)
A _ " 'A
.1. 1xh%irum:fi. Viji @
_ N. "Vijay"aEak:shmi,
D/0. G.'gNataraja.I1.
V. . Ag(-f: : Major, Occ : Business,
R/O} I 10, Ports Road,
_ "'C1i(i'da10re -- 1.
V 'I;'an:1i1 Nadu State.
V' "(Owner of Larry)
i5__M,__,....,.m....m...
Pd
2. The Regional Manager,
The United India Insurance Co., Ltd.,
No.25, Shankaranarayan Building,
Opp. Vani Vilas Hospital.
M. G. Road.
Bangalore -- 560 001.
[Insurer of Lorry)
(By Sri. s. Naray3.na.1nurthY»_A.dV_- for'R;'2';.3 0 "
R.1 -- notice dispensed with V_/o...vdated-
_}31esp40n'('1elnts A ~ .9
This MFA is filed U/s.v»1r03(1)e£. MV Aetl' ageless: tlheli»
Judgment and award dated '2.2VI'1,O.2OO--5 passed in MVC
310.6457/2003 on the file of the Addlf sca &FMernber,
MACT, Metropolitan Area, Bangaljore;-._ [SCCH'~I"7], partly
allowing the Claim Petit-io"n_Afo_r eovmpensation and seeking
enhancement of compensation} 1
This"aripeal:::fir:eo1r1ing Hearing, this day,
N. K. Pat1l_J, del1jrei*ed'rthefcllowlng:
A' E N '1'
This aplpealrils directed against the judgment and
ems 10.2005 passed in MVC N06457/2003 on the
SCJ & Member, MACT, Metropolitan Area,
_Bangal0re_;"(S-(:iCH--17) {hereinafter referred to as 'Tribunal'
brevity), on the ground that, the compensation of
dgsg~sRs[42;,'500/« awarded by the Tribunal after deducting 50%
T '«l..:VV't'0VVards contributory negligence with interest at 6% per
/es»
/
annum from the date of petition till the date of deposit as
against the claim of the claimant for Rs.6,50';C'G:t}g:;f;'vvis
inadequate.
2. The brief facts of the case are?"
4'
The appellant claims that he clri-§}ei{'oi_VV
Canter bearing registration
R.s.12,000/M» p.m. Be 'that 'on 26.09.2003
at about 7.00 pm. whenhe on his Canter
from Banga1ore"toggZ'--Puh__e 'Wh€Ii it reached
near Gotaigodiifl Vlvai§e,'"*f'a. '-lorry; "bearing registration
No.TN~C34~~E)éO7?iSi":':'-~driiren:_:V'hy its driver in a rash and
negligent agaisnt the Canter Vehicle. Due
to the§'.:iIn_j:)act he "sustained grievous injuries. It is the Case
V'7._0f.:the. that on account of the injuries sustained
in.thdetéaccidVe';'it'he has spent considerable amount towards
'iconVeya_ric_e,V nourishing food, attendant charges and
A expenses. Therefore, he filed a Claim petition
Vt"fliddclaiiniiig compensation fit" Rs.6,50,000/-- against the
/MM
V Triliunal'. ~ _
respondents. The said claim petition had come up before
the Tribunal and the Tribunal in turn after heari.r1«gl'the learned counsel on both sides and after oral and documentary evidence vavailable on"'reeord',jp,h'a_s allowed the claim petition of fixing 50% contributory negiiigencehllon the' appellant awarded eoznpenisatiojr Rsfl.'42A,5A0§O/-- with interest at 6% per petition till the date of depos:;t;':«.£f/flie pprieslented this appeal on the negligence fixed on the compensation awarded' is inadequate and it requires enha11eemen;t..loy wn10d'if3ring the judgment and award of the "'liai?uev'heard the learned counsel appearing on 'x__b0th sideslfor Considerable length of time.
7. The Tribunal has erred in awarding only Rs.6,0()O/-- towards medical expenses, conveyance and nourishment and attendant charges which is in adequate that the appellant has undergone the"
hospital as inpatient for more than :'day_s'.'~ have spent reasonable a111oi1_1it._ during periodgl' Therefore we deem it to awarl'd.._Rs_,p1O,hOOO_/_5 finder the said head.
8. Further the Tribunal. has awarding any compensation and discomfort.
It is notiin appellant was inpatient in the hospital fortmlorelthanv "2Sll.~'l'days and underwent a surgery. .---.j['he "a'ss._essed disability of 10% to the whole we deem it fit to award Rs.20,000/-- towards lossa?'jof'amenities and discomfort. ulna "thelight of the facts and circumstances of the "stated above, the instant appeal filed by the is allowed in part. The judgment and award "
dated 22.10.2005 passed in NNC No.6457/2003 on the file of the XIX Addl. SCJ 8: Member, MACT, Metropo1itan"*..Area, Bangalore, (SCCH--}7} is hereby modified. The break; under:
a) Towards pain and sufferi:-jgsd"" ._ b] Towards ioss of income dtirin'g_ treatment period c] Towards oonveyanoe,"'r1e:3V;.i'1rishiri'g__ food and attendant e3:;arg_e's.._.L -Rs._;'10.000/--
d) Towards loss of_a;m.Aenit:§csh " . _ and discomfort V Rs. 20,000/~
e) Towar.dsd};1k3rjs_s of futufe Rs. 50,000/~« . Total Rs.1,19.000/--~ After' deduetifngd towards contributory negligence of t'he"---appellant the compensation comes to afipeliant is entitied for totai compensation of as against Rs.42,SOO/~-- awarded by the ri'o1.inal with interest at 6% pa. from the date of petition 0' the date of realization.
The 2nd respondent is directed to deposit the enhanced compensation of Rs.17'.OOO/- together with interest, within a period of four weeks from the date of receipt of copy of the judgment.
The enhanced compensation of interest shall be released in faifou<r '_ '._e.t)peIlai'1t 9 immediately on such deposit by the __23'1dV_ Aresfiondent. it Office is§~di:<eLcted::At0 accordingly.
Sd/' FUDGE