Karnataka High Court
Smt Kaveri vs Sri K Murugesan on 7 September, 2011
Bench: K.L.Manjunath, H.S.Kempanna
ad "SRI. K MURUGESAN 9° DHE MANAGER IN PHE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 7° DAY OF SEPTEMBER, 2011 . PRESENT oS THE HON BLE MR.JUSTICE EK: L.MANJUNA TH AND THE HON'BLE MR. JUSTICE os oe KE MPAN N A M.FLA.NO. L467 /% 20071MU) a BETWEEN : i SMT KAVERI W/O ARJUNA Be AGES? YRS, OCC "NEL Ce R/O NO.44.. PAPANNA GARDEN os KALASIPALYA | a BANGAL OF RE*2 . Oo ms .. APPELLANT (By SMT Su INITEA B. i. FE POR SURESH M LATUR FOR APPELLAN t 3 a ar AND : . S/O-KUMARASWAMY _ MAJOR, OCC:BUSINESS _OR/O-2/218A, PODUTHAM PATTY POST - PALAKODU TALUK DHARMAPURI DISTRICT ~ ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD NOL4G6, WHITES ROAD CHENNAI GOO O14 et Se Se eS . RESPONDENTS USy Sri: TS LINGARA] FOR 2: RU NOYPICT T JISPENSED wrt } THIS MPA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23/06/2006 PASSED IN MVC NO. 860/2005 ON THE FILE OF THE L4TH ADDL. JUDGE-& SCE. MEMBER MACT, COURT OF SMALL -CAUSES. © - METROPOLITAN AREA, BANGALORE | (SCCH=10}, ~ PARTLY ALLOWING THE CLAIM. PETITION. FOR" COMPENSATION & SEEKING ~~ PURTHER ENHANCEMENT OF COMPENSATION... ~ THIS APPEAL COMING ON, FOR HEARING 'THIS DAY, KEMPANNA J, DELIVERED. THE FOLLOWING: This appeal is by the. claimant seeking for enhancement. ct. thie compensation in respect of the personal inj ary: which she has "sustained in a motor accident 'that took: plice on 8. 10.2004 at about 6.00 a.m. in front oF PK Travels situated at Kalasipalya Main . 'Road, . Bangalore, involvin g the lorry bearing regn. No.TN 80-C-2851, owned by the 1st Respondent, insured with the 2 Res pondent al the relevant point of time. 2. it. is the case of the claimant that she is aged -about 35 vears. a vegetable vendor by occupation accident she was proceeding walking on the foot path in front. of PR Travels situated at Kalasipalvam, thy, Boe GSO Ge ie CRS Sie an aS es Bangalore. At that time the lorry bearing No. TN 3O-C- 42651 driven by its driver at a high speed came -and . dashed against her. On account of the impact ahe ~ of her right limb. She took treatment for the. Said injuries at Bowring Hospital for a period of 12 days. During the said period, the injuries, which she had sustained were treated. 7 She was treated by PW2 Medical officer. "According "Yo we the claimant had sustained fiacture" of | "her left Temporal bone and fracture of her upper one 'third of 'eft fibula and tibia. The said fractures were set right under a surgery in the hospital. she has disability to an extent of about 40% : 'ta. the lower Hmb . 508 to the head and 25% to the whole body. = The Tribunal taking all these aspects into consideration awarded a sum of Rs.45,000/- towards pain and suffering, a sum of Rs.10,00G/- towards loss of amenities, a sum of Rs.5000/- towards medical expenses, conveyance and nourishment and attendant i charges, a sum of Rs.8,400/- towards loss of income during laid up period and a sum of Rs.56,700/- towards ram a ae loss of future income. Thus. in all it has av varded a sum of Rs.1.30,100/- with interest at 6% p.a. from. the i PPh Ue date of petition U1) realisation. 3. The appellant/claimant being. aggrieved. by the quantum of compensation is imappeal before this court. 4. The learned counsel. appearin g for the appellant/claimant subnyitted ihat the Tribunal has erred in not. awarding. just -and reasonable compensation to the claimant under all heads under which compensation has now been awarded despite the claimant having placed substantial evidence supported with docurhents. Hence a case for enhancement is made out. 5, Per contra, the learned counsel appearing for the. contesting. insurer supported the impugned Judgment and award passed by the Tribunal. a 6. Taking the rival submissions into consideration. 'the evidence and the documents on record, the point 'that arises for our consideration is: whether the appellant/claimant has made out a case for enhancement?" pte rere = ee eee . ae 7. The appellant/claimant having met with accident, injury sustained, treatment taken and. the amount spent are not disputed before us. On-re-~ appreciation of the material or record and the documents placed on record, Swe. find "that "the compensation that has been awarded 'by thie 'tri bial towards pain and suffering,» medical 'expenses, conveyance, nourishment and ationdait charges, does not call for any modification S &, But'so far AS the: compensation that has been awarded towards loss 'of "amenities, we find that the amount of Rs. 10, 000 f- that has been awarded is on the lower side. Ty e eviderice on record reveais the claimant has sustained fractitte oF left temporal bone and fracuure OF tibie and fibula of right leg. She was in the hospital for. & period of 12 days. She has disability to an : os ex ent of a bout 25% to the whole body and 40% to the . lower limb. Taking these aspects into consideration, In : the circumstances we deem fit to award an additional! os sum of Rs.i5.000/- towards floss of amenities in addition to Rs. 10.000/- awarded by the Tribunal. nggs® ree eee a 6 o. Coming to the question of loss of income claimant has claimed that she was earning a suni.or ~ Rs.3,000/- from her avocation being a vegetable vendor. . The accident has taken place in "ihe year 2004>. Therefore. under the cire umatances, we ax th e ineome of the claimant at Rs. 3,000/ - "as against Rs.2100/ - p.m. determined by the 'Tribu val. "The . Pribunal has awarded a sum of Rs.$.400/- towards Joss of income during laicl wp period in our view. having regard to the nature of. injeri eu . the claimant. has sustained and taki ng inito consideration her avocation, we deem fit to award an additional & im . of Rs.5,000/- towards loss of incomie during laid up period in addition to what has 7 be en'a wa rd ed by: the Tribunal. i | 30. 'So far as the future loss of income is : _ concerned; the claimant has claimed that she is aged 35 -- years, ewhich is mot disputed before us. Therefore, the " nnultiplier that becomes applicable to the facts of the "case would be 16. We have determined her income at ris: Rs.3,000/- pum. The evidence of PW2 disclose that she a £%, EEE TT a] has disability to an extent of about 40% to her left lower limb. Having regard to the nature of injuries sustained in the facts and circumstances we fix the disability th at the claimant has suffered at 15%. 'Theretore taking ail these factors into consideration, we-are of the. view that the claimant is entitled to a etifa of Rs.86,490/-in all towards future loss of Income as against RS.56:700 /-. Thus she is entitled to 'art enhanced compe nsation of Rs.50,000/- towards future lass. of inconie. Ll, Thérefore, in. our view the claimant in all is entitled to 'Bh. enhahced com perisation of Rs.50,000/- with interest at O% | froin . 'the date of petition wll realisation. Accordingly. the appeal has to succeed in- : part. : : "72. ta the 'result, for the foregoing reasons, we proceed to pass th e following: ORDER
SS oe rhe appeal is allowed in-part. The impugned ~dudgment and award passed by the Tribunal is modified and the a ppellant/claimant is awarded enhanced compensation of Rs.50,000/- with interest at 6% p.a. oP from the date of petition till realisation over and above the compensation that has been awarded by. the. Tribunal.
entire enhanced compensation with interest before the Tribunal within 4 weeks from-the daté-of receipt of the copy of the Judgment and award:
Out of the enhanced compensation, a sum of Rs.30,000/- withs proportionate iiiterest is ordered to be deposited in. the name of the appellant / claimant in any Nationalised' ot Schedule Bank for a period of 5 years. She ise ntitled to withdraw the interest accrued thereon. The bala nee. of Rs.20,000 /~ with proportionate 'interest _ is: ordered to be released to the aD pel a rit. ; clits a Fil.
: Office t 6 draw the award accordingly.
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JUDGE .