Mr Aswatha A.S/O.Anjinappa vs B S Shivakumar on 9 November, 2010

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Karnataka High Court

Mr Aswatha A.S/O.Anjinappa vs B S Shivakumar on 9 November, 2010

Bench: B.Sreenivase Gowda

 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED Tms THE 9TH BAY OF NOVEMBER. 2910
BEFORE '' '

THE I-ION'BLE MR. JUSTICE RSREENIVASE
Miscellaneous First Appeal _N6."33'8f(:) of  V' ' dd
BETWEEN

Mr. Aswatha A.

S / 0. Anjinappa 
Aged about 36 years.'~~.__
R/0. Hosadurga, 
Pottaganahall Post,

Y.N. Hosakote,' 
Pavagada Tale};-,' _
Tumkur_f)'i'st_rfct.';T " Q   

. . Appellant
 (By  91§aéhjd1;a£,V Adv.)
AND._    V .

 Q, Sidd'ap.p.a'
Pfrep:«.Sri. Sideshwara Motor Service,
 _ 'V_'i1e1aya'kanagar, Tumkur.

1. g ' " B S .§}1-jvvakilrnar 

M./'s}__United India Insurance Co. Ltd.
Represented by Branch Manager.
* Divisional Office, J ayadeva Complex,
 Road.
Tumkur »~ 572 101.
 Respondents

(By Sri. R Lokesh, Adv. for R1,
Sri. Jwalakumar, Adv. for R2.)



d  A Tribijjnal".

 

This MFA is filed U/S 173(1) of MV Act against the
Judgment and award dated: 3.4.2008 passed in MVC
No.156/2005 on the file of Civil Judge {Sr.I)n) 8: JMF'C.,
82: Add}. MACT, Madhugiri, partly allowing the-.._c1aim
petition for compensation and seeking enharicen-rent of
compensation.    

This appeal coming on for 

the Court, delivered the following; 

JUDGMEﬁ$:é

This appeal is by the -.e'1'a_imaritvfo1*.VeVnhanE:'e1'rient of '

compensation awarded by. the .i'--rib~u.na1.t A ' '-
2. Heard.'The appeaiiéaadﬁafaiy and xvﬁh the

consent of Eleazrned C}o13m.se1"«app_eariri.g for the parties, it

is taken for  'd 
3. 'x71-"For the rioririenienee parties are referred to

as -they a're_:'refe'rred  in the claim petition before the

V   ' r.  of the case are:

 on 2'?w10~O4. when the claimant

was litravelling in the bus bearing registration

 'V_NHo'.KA--O6~99i9 proceeding towards Bittanakurke

 village, near Thovinakere cross on Tumkur -- Madhugiri

$5

 



 

road, the driver of the bus drove the same in a rash and

negligent manner and caused the accident. As aresult,

the claimant sustained injuries. Hence..g.._heV"-filed».a

claim petition before the MACT, 

compensation of ?'.5,00,000;/-it "<'g_l'lie   l

impugned judgment and   ». 

compensation of ?.45.800"/eijwzvithh ii1te'r.es.t  

Aggrieved by the quantunicf'Vcc:1riVpe.nsaticn aivarded by
the Tribunal. the  is_.~.._:liiif;.,n__'_'appeal seeking

enhanceznent  co:ii_pensati01i '. -- V. V-'

5.  --AthjereV'::i:s- 1i0_ldispute-"regarding occurrence of
accident,. liability of the insurer of the

offending"~vehici-e,ll'-the'"zonly point that remains for my

'  cvonsideration in"'ti1'e appeal is:

A V» .V.'W'"hether the quantum of

compensation awarded by the Tribunal is

 and proper or does it call for
 enhancement?

it   After hearing the learned Counsel for the parties

 and perusing the award of the Tribunal, I am of the

View that the compensation awarded by the Tribunal is

ﬁr



 

not just and proper, it is on the lower side and therefore

it is deserved to be enhanced.

7'. T he claimant has sustained the fo11o_\2s;%'iii'g""iv;_' 

Fracture of both bones of leg'_'"" ~ if. p 

Injuries sustained by himuare evident' I"1'o1'ni"the.,L

wound Certificate --  di'schargAefI=  --V

EX.P.4, case sheet  --«~  141 and
P. 16 and medical certi_ficate'__¥ and supported by
oral eviden_eeé'§)i;"Vthve'--'ciainiantjyaridtioctor examined as

P.Ws. 1 and   

 Surgeon from District Hospital.

'Fumkui*;"has'statedin his evidence that Claimant has

 .  _ sf1jfre;:¢d V.disaAhi1itf;--«of 10% to whole body.

  the nature of injuries, 310,000/--

awarded'  the Tribunal towards pain and suffering is

  it   lower side and it is deserved to be enhanced and

 id: award Rs.30.000/-- under this head.

%.



 

9. Ciaimant has produced medical bills for

33,400/~ and he was treated as inpatient for 2-2.._days

in District Government Hospitai. Turnkur. 

the same, ?.5,ooo/- awarded by the TribunaJjV'_tonveards 

medical and incidental expenses is:o11..Vthe~iiowf?er it

is deserved to be enhanced andp.i"Vaward--".R:s.IOV,OO'O/

under this head.

10. Claimant ciaméisigo  beVe.ni.'v:e'a.rning $5,000/-
per month the same is not
 In the absence
of prfoofot  by the Tribunal at
?.3,(:50():/'.--  and proper. Nature of

injuries suggest'-, claimant must have been under rest

" V'  A  t:1'eatmentVfo"r"'aV period of three months. Therefore, a

 i'V.9_.G:00/-- is awarded towards loss of income

du.ring~1ai'dA up period.

   "Considering nature of injuries, disability stated by

 the doctor and an amount of discomfort and

unhappiness which the ciaimant has to undergo for the

rest of his life, it is just and proper to award

$5'

 



 

Rs.l5,000/-- towards loss of amenities and it is

awarded.

12. Claimant is aged about 32 years. .IvI~u'lti0p1,iAer

applicable to his age group is 'I6'.  

assessed at 33,000/-- per mcointh, 

assessed the disability at  i'0whoie" 

future loss of income  put'  

(33,000/-- X 10/ 10'0._x  and  awarded as

against ? . 30,600 /-- awarded t.'a_e":['jri0't_)ifunal.

13. A  --  towards future

medical, expetises' foiufemoval of implant.

14,. _v Thus the, is entitled for the following

   .....

-- ii ~ and suffering r. 30,000/--

--. Vp'};\/Eedical and incidental * _ expenses 3. 10,000/--

3.} Towards loss of income .0 during laid up period 1". 9,000/-

4) Towards ioss of amenities 1'. 15,000/«» 5} Future loss of income 3' 57,600/--

6) Future Inedicai expenses 3 5,000/- Totai ?. 1.26.600/-

15. Accordingly the appeal is allowed in part and the Judgment and award of the Tribunal is modified. «to the extent stated herein above. The Claimant is Hentitiedillfor a total compensation of 11,26,600/-- ?.-45,600/~ awarded by the ~;l,ibum1 Whllippmrest Bar; A 6% p.a. on the enhanced.compcnsationﬁofo from the date of claimlu'V"p.e'titionV"tillit-ithei date of V realisation, eXoludi'nfg"~pinterest delajred period of 110 days in filing the...appeal.V 2

16. The 'i's':._directed to deposit the enhanced; ainrrdnt with interest within two vrr1onths.fr'ofn«"r of receipt of a copy of this judgment; e':>:olV1;rdinzl<'g"~ir1terest for the delayed period of V. , gays in fillingthe appeal.

~. the enhanced compensation 75% with propoirtiolriate interest is ordered to be invested in FD. V " nationalized or scheduled Bank in the name of the claimant for a period of 9 years, with a right of option to renew once in three years and to withdraw interest periodically, and the remaining amount with 552/ " proportionate interest is ordered to be released in his favour.

N0 order as to costs.

mgrﬁ'

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