Ramappa S Satyappagol vs Vishnu Appanna Pattar on 15 February, 2010

[Cites 1, Cited by 1]

Karnataka High Court

Ramappa S Satyappagol vs Vishnu Appanna Pattar on 15 February, 2010

Bench: N.K.Patil

DJTHEl{KH{(XDURT(H?KARNATAKA,CHUNJHTBENCEIAT

DHARWAD.

DATED THIS THE 15th DAY OF FEBRUARY 2'QI§tjV"-- A. V

PRESENT

THE HON'BLE MR.JUSTIr.:E   

AND

THE HON'BLE MR. JUST*I(jf'E..A.S.RAcHLIAPU'RE"  

Miscellaneous Fi:St Appeaf No."'1.375 I)f'2005v'§

BEHWVEEN:

SRI. RAMAPPA  V
S. SATYAPRAGQL',- ._

AGE. 33 YEATRSA;V ~ _ _   
occ. AGRICULTUR--F_',.,   I-
R/O. DANDAPSRL   "

POST; RAJARUR,':'I;V" _ 

DIST. "I3ELGAUM,.  "   

NOW S'l'AYING 'AT"I3AHADKAL GALLI,
BELGAUM; - -  

 «   A_.S. I$A'TIvL»,A~«ADv.)

AND:S"

'sRI~§ vIVSI+'I'3i\m?' V

AP«PAI\I__NA. PATTAR,
AGE.. MAJOR,

 nocc. BUSINESS,
 R/'Q. DURUDANI,
I  TQ._.GOKAK,

'DIST. BELGAUM.

.u.APPELLANT



2. THE NEW INDIA ASSURANCE
CO. LTD., THROUGH ITS
DIVISIONAL OFFICE,

CLUB ROAD,
BELGAUM.

3. SMT. UDDAWWA, 
w/0. MADAPPA SANNABI LAPPA.G'OL--,. 
AGE.s1YEARs,   is '
occ. HOUSEHOLD WORK,

R/O. DANDAPUR,  _
TQ. GOKAK,
DIST. BELGAUM.

4. SR1. BALAPPA _  5  
s/0. MADAPPA SANNAEID LA'PP'A(';}OLE,   _
AGE.31YEARS, "  5 '   
OCC.AGRICUL'TURE,;"""'   A 
R/O.DANDA_~PL7R,"   
TQ.   'V _    A
DIST. BEI;¥GA_U'M.'  . ' "

5. BHU'rAPPA-_ii.   .
s/0. 'MADAPPA,s._, NNAEI'~LA'PPAG0L,
AGE. 27 YEARS,     
occ. AGRICAULTURE', . V 
R/O. DANI3APUR,'V--. "
TQ,;G'0KAK,  ._ '
 -  DIST. BELGAUM.'  ---------- --« *

6. ' THE NATIONAL. INSURANCE
 co. L'FDf:-«,._'I'HRO"UGH ITS
DIVIVSIONAL OFFICE,
RAMDE0 GALLI,
BELGAUM,

  By ITS-BRANCH MANAGER. ..RESPONDENTS

-.(B--Y..zSRI. RAVINDRAR. MANE, ADV. FOR R2, R1, R3, R4 & SCSERVED, SR1. N.R. KUPPELLUR FOR B.C. SEETHARAMA RAO, *ADV_.,,_ FOR R6)) and when things stood thus at 20.30 hours on 13/ 08/ 2002 when the appellant was sitting in the right side middle seat pro.cee_d£ng in the Mahindra Marshal jeep bearing Reg. No. when he was returning from Gokak falls the said; near the Makannavar's land, Badigwad on ('3;hataprabha4.Naganft1r read, at that time another tempo traxV.bearing" / being driven by driver with highubspeed '1-ash negligent manner without following trfalfﬁgct regulations lost control over the vehicle and ito-"'tIrie'»~:l._Marsha1 jeep to its I extreme right side;'rriid_dle. ;iDue the siaidirinpact, the appellant has sustained the right hand and other parts of the been shifted to Ganga Surgical ancl_Fracture wherein the right hand upto the shoulder lof..iappelvlant_S was amputated. The Doctor has assessed"3'the__fdisabili'ty*at...80% to the limb and 60% to the whole body uiadergone treatment in the hospital. It is the further. case of that a reasonable sum has been spent for Medical treatment and other incidental expenses on account of the sustained in road traffic accident. He has ﬁled a claim sec. 166 of M.V. Act, seeking compensation against the %ﬂ...--~----/*""' / respondent. The Tribunal in turn after assessing the oral and documentary evidence and other materials on the ﬁleganditaking into consideration the nature of injury sustained allowed the same in part by awarding a sum of interest at the rate of 8% from the date of..pejtition..ti1l'the-,da.teAlof ii realisation.

3. Being aggrieved by thegg.--sai.d~.irnpugnedvvjlidgment and award, the appellant has" "filed appeal seeking enhancement and has felt neeessiitate-ditog preaent this appeal.

4. The . counsel appearing for appellant at the outisietlilisrthat, d'l'ribunaliihas committed an error not awarding reasonable under the head pain and suffering, gloss 'or ame'niti'es."'discomforts in life, loss of future :..Ai'ncome..'arid;g'also lossilloﬁncome during treatment period. The said compenisatitsnfawarded is inadequate and it is required to be »,___enhanceld,l bylrnioftliifgring the impugned judgment and award passed _ _ g_ the Tribunal.'

5. As against this, the counsel appearing for respondent inter alia', contended that, the compensation awarded .-'-by the Tribunal is just and reasonable and it does not interference. The Tribunal after considering the rel--éy'ant.rmarteria1s'» on the file has awarded a reasonable compensalgtionl 'I-lo\iVevfc.r,7he ' j fairly submitted that it requires reasonable respect of pain and suffering, lCs_s*o_f arrienities},_loss'""of"future income, loss of income during laid-uppperiod and the same may be considered in accordance wit'h*law;- _ }

6. We have .-i17g1:ea_rd the_:'V.learnedv._'counsel appearing for appellant and for respondent Insurance Company. he only77p'o_in't for our consideration in this appeal is-

_f'W"rzether ihellcompensation awarded by Tribunal is ju_st' redssonabIe?"

l"After Vcarérui evaluation of the oral and documentary' evidence has ygell as the records and after perusing the impugned award passed by the Tribunal, what emerges is that the Tribunal has awarded just and reasonable compensation as w'_#_'___,_,..

suffering, loss of amenities, loss of future income and loss of income during laid--up period is inadequate and Hit.__l'needs enhancement. It is signiﬁcant to note that the_;"i'1"ibt1nal' awarded only Rs.8,000/-- towards loss of income of hospitalisation and special diet is i;j.1sufficien't_,,for ' enhancement.

9. Taking all these relevantllllfaicfs after appreciation of the oral the nature of injury sustained by and reasonable compensation uncliﬁr ' follﬂwfﬂé' = V Pain and suffering ' Rs. 1,00.000/' Medical expenses, 'Con.yeyariee" and ['~.ttendant's Rs. 35,000/ -

charges ' ' _ ' _ V. Loss of incomeduring"laid,§up:li'p.eriod Rs. 12,000 / -- (At the rateof Rs'.~3,,0oo/.-- p*._m." for a period of 4 months) "

'lL.ois"s 0f'arrzeiiitieVse~ and disability Rs. 50,000 /- H has hereby awarded only Rs. 2,76,480/- towards loss" of. future income, the said compensation awarded by lTrib..uirial,_is inadequate and it needs to be enhanced for the reason thfatlthe 'Tribunal has assessed the income of appellant at the rate Rs.i2,400/-- per month, whi is on lower side and it needs '/'_,/

(ii)

(iv) 10 In all, totally the appellant is entitled to the compensation of Rs.5,42,600/~ as agains_t...]Flf<p«g,,:ii~.._ 4,19,480/- awarded by the Tribunal.

The enhanced compensation of Rs';

shall carry interest at 6% pa,-fro?m4i'tl'ie..ldatelief A' petition till the date ofe'I'e_alisatio_ni; Out of the enhanced of Rs. 1,00,000 / -- p interest shall be deposited in" appellant in a Nation_alis}ed'VBank,%' for a period of five years'"ren:e§i%ahle...for"gar1other period of 5 a to the appellant to _ _v withldvraw.th'Ve interest periodically. Arespondent No.2 Insurance Company is it _ "to deposit the enhanced compensation it Vi If is pi)' * withinea period of four weeks from the date of ~ receipt of a copy of the judgment and award. The remaining enhanced compensation of Rs.23,l20/« with proportionate interest shall be i.

/__,,_,....._..

ll released in favour of appellant immediately after 3 the deposit.

(vii) Draw the award accordingly.

hnm/ * Sd,?-

_lUD$EfW // ; W;

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