Karnataka High Court
Sri Rajesh Kumar Sahoo @ Ragesh @ Rajesh vs The Manager on 15 July, 2014
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR JUSTICE N.ANANDA
M.F.A.NO.4843/2013
BETWEEN:
1. SRI RAJESH KUMAR SAHOO @
RAGESH @ RAJESH
S/O GOVINDACHANDRA SAHOOL
AGED ABOUT 21 YEARS
R/A FLAT NO.338, NAYAN
P G HOUSE, OPP:OASIS BAKERY
NEAR KORAMANGALA POLICE STATION
8TH BLOCK,BANGALORE-34 . APPELLANT
(BY SRI SHRIPAD V SHASTRI & K V NAIK - ADV)
AND
1. THE MANAGER
SHRIRAM GENERAL INSURANCE CO LTD
S N S CORNER BLDG
3RD FLOOR, OPP:BOWRING HOSPITAL
SHIVAJINAGAR,BANGALORE-27
2. MR M D BOSE
S/O M L DEVASSY
NO.108, 2ND MAIN
BHARATHI LAYOUT
JAYANAGAR,BANGALORE ... RESPONDENTS
(BY SRI B PRADEEP, ADV. FOR R1)
2
THIS APPEAL IS FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD
DATED:22.02.2013 PASSED IN MVC NO.3471/2012
ON THE FILE OF THE XXIV ADDITIONAL SMALL
CAUSE JUDGE, AND XXII A.C.M.M., MACT,
BANGALORE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter is listed for orders. The Lower Court Records are received. With the consent of learned counsel appearing for the parties, matter is taken up for final disposal.
2. The claimant has filed this appeal for enhancement of compensation. The other facts not being in dispute, the only question that arises for determination in this appeal is, "Whether the claimant is entitled for enhancement of compensation?"
3. The claimant had suffered the following injuries:
(1) Fracture of both bones of right leg 3 (2) Fracture of right femur (3) Fracture in the right malleolous (4) Fracture in the calcaneum
4. The claimant was treated in Sanjay Gandhi Hospital and Research Institute. Even after complete treatment, the claimant suffers from permanent physical disability of his right lower limb. The claimant is before this Court. I have seen his present condition. The claimant has restricted movements of his right hip joint and right knee and ankle joint. There are post operative scars on his right lower limb. The claimant limps on his right side. The claimant was aged about 20 years at the time of accident and he was earning by physical labour. The claimant is a native of Orissa State. He had come to Bangalore for work. In other words, he was a migrated labour.
The tribunal has awarded compensation of Rs.2,52,000/- under following heads:
(1) Pain and suffering Rs. 55,000/- (2) Loss of amenities of life Rs. 15,000/- (3) Medicine & Hospital Expenses & (4) Conveyance, Nourished Food and incidental expenses Rs. 46,000/-
(5) Loss of earning for the
4
Laid-up period Rs. 24,000/-
(6) Future loss of earning Rs. 77,800/-
(7) Future medical expenses Rs. 20,000/-
(8) Loss of marriage prospects Rs. 15,000/-
__________________
TOTAL Rs. 2,52,800/-
5. After going through medical evidence and after observing the present condition of claimant, I am of the opinion that compensation awarded by the tribunal under several heads is inadequate. Therefore, compensation awarded by the tribunal is modified as follows:
(1) Pain and suffering Rs. 55,000/- (2) Loss of amenities of life Rs. 50,000/- (3) Medical expenses (future) Rs. 10,000/- (4) Medical expense (present) Rs. 10,000/-
(5) Conveyance, food and Nourishment Rs. 10,000/-
(6) Loss of earnings during laid-
Up period Rs. 15,000/-
(7) Future loss of earnings
(5000x12x18x.16) Rs. 1,72,800/-
(8) Loss of marriage prospects Rs. 20,000/-
_______________
Rs. 3,42,800/-
6. Thus compensation of Rs.2,52,800/- awarded by the tribunal is enhanced to Rs.3,42,800/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest is confirmed.5
Compensation of Rs.90,000/- enhanced by this Court shall be invested in fixed deposit in any nationalized bank for a period of 5 years authorizing him to draw the periodical interest. The interest accrued on the enhanced compensation shall be paid to the claimant.
Sd/-
JUDGE BRN