Karnataka High Court
H C Shekara vs K M Mallesha on 24 March, 2011
Author: H.S.Kempanna
Bench: H.S.Kempanna
2. ian OUR) OF RARNATAICA HGH COURT OF RARNATAOMA BlGh COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF ICARNATAKA HIGH © vs THE HON'BLE ME.JUSTICE H.S.KEMPANRA ~ <.SHEEARA, 3/0. DODDACHANNE COWDA, AGED ABOUT 43 YEARS, RESIDING AT HUL! MANDYA TALUK>. MANDYA DISTRICT. (EY SP. Kt PRADHAR ADV. FO R BRIT L RUDE VA PRASAD AD Mes Bs SRLSATHY TVAPAL, ADV) i. . K, M. MALLES SHA. 8/0. MALLS : PPA, a7 5, RIA KALLENAHALLI VILLAGE : NOVA TALUK, _ MANDYA OMSTRICT May g. ioIcl LOMBARD N MOTOR INSURANCE, .. #204, MYTHRI ARCAD, KANTHARAS URS ROAD, SARASWATHIPUEBA, JAY VANAG tAR, ; >the: consent of. the Les Thaht COURT OF KARNATAIA Hits COURT OF KAP NATAICA HIGH COURT OF KARNATAKA MiGMN COURT OF RAKMAIABA Piller GUUNT Gr RAR PALA PRP td edi MYSORE. BY ITS DIVISIONAL MANAGES, - RE SBOW DE NTS (EY SELB. ee ADY., FOR SRLEUN. ER: SHAVA PRASHANTH AD , FOR Ra. Rl- SERVED .} i THIS MFA IS FILED U/ sp 27901 OF MV. ACT AGAINST THE JUDGMENT AND .AWARD DATED 23.05. 2008 PASSED IN MVC. NO: 424; 2007 ON THE FILE OF THE PRINCIPAL CFI, JUDGE. (SR, DN} 1 AND CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. ASD SEEEING ENHANCEMENT: oF COMPE N SATION. THIS APPE AL comine Om FOR ADMISSION THIS iE FOLLOWING: Pnaus yh this matter ie Heted for admission, with rmed coursel for the respective pation, it itis: taken up for Snal disposal. a 2. This appeal i by the claimant seeking _enbatidement of the compensation in respect of the itinriee, which he hes eustained in a moter accidert. re iar & day "8 and be Has areas --_ Peaulted im lows of income tb him RARE MET GP BARRATARA MiG COURT Gr KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C far S. The facts im brief are: The appelant-claiment mettubed claim "petition 5 before the Tribunel claimine compensation nm yes pect ¢ a PSY accident that took place on O1.07,.2007 at about 7.00 pm, et Hosaboodanur village. situated on Mysore- Bargsiore Read, involving, the: ine tor. ove ole qistra tion No.KA-11-R-96. owned | by the fret spendent anc | 1 mussared with the se00 ond respondent at the relevast point of tone, in the impugned acculent, ne sustained Revere e asjurice, which comprised of fracture of isft thigh for whioh n he took treatment in the Heapital ery ard spent isuge money. Despite the aame, he is mot completely cured of the afar 5, a8 euch be is unable to attend to Me his BPO ation of agriculture anc business, which has 2 ly, hope : sought for great of compersation from tee resporidents. ARSE Sek tl CR PARI, ISG GA UP BUR AAA SG COURT OP RAR BLATT AICA NIG COURT OF RARNATAIA WiGH COURT CF RAKRNATAICA Nitsh ON Be 4. After service of notice, the firat respondent. owner remained absent. Heneos, he was placed. expan 1s, Be a - The second reaporidernt-ineurer appeared ad contested the clarn of the petitiormer. They contended that th gocigent in question has not taken place oft eccour oF the fault of the rier of the motor cycle . On + the other leimant himeelf. They further contersied that the rider of the moter. cycle ee et (posses Ss valid ard sflectns driving i bow et mide. the motor cycle ae euch there vs breach of terms anid cor itiohe ¢ of the policy. They elec so deqied : al other averments "made py tne claimeit im his petition: anid conterided thet they are mot lable to pay 4, any oom apensation, Accordingly, they sought for dist miseal oft the petition. > nm the bes of tee above pleacungs, the established a] a TST Melt AAP RAR LARS, DUO rt GAMUIRE Gr ORR BUATASLA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAICA HIGH COURT OF KARNATAKA HIGH C Hale imarnt in support of his case got hissed. l ard the Dector whe ined hitn es ~. PW2. He produced i4 documertta, which came to be marked as to Pi4. °. Gx behalf of "the" resporkients they examined two" witness , Whe are o fies oticials ag RW1 ancl RW, produced three docu yuents, which ¢ came to be marked as Exhibit RL to RS. 7. The Trikunal on coritering the oral and aac sme ALY evidence on record beled that the accident taleen place solely ar a@ccourt of the rider of the "moter oyele. '8 euch the « Further, looking t the « evidence af th 0 claimant, the doctor who has treated, him ond the documents placed on record # awarded a ~. @usn of Be.2 06,000/- with ivterest at 69% per anmum ' frat the date of petition nfl realisation under various leede. It further saddled the Hability of payment of cowpensation on the second res pordent-irsurer. PRA SRE Uh AN RA ME GRY PP RAR NAPA AGH COURT OF KARMATAIA HGH COURT OF CARNATAICA HIGH COURT OF KARNATAKA HIGH CO 9. Learned counsel appearing fer the appellant- claimant submitted thet the Tribimial hee erred in not ae awarding just and reasonable compensation to the wit under all heads deanite the eveience arxl the documenta or record and-further it has also not cormidere the cease of the claiment for awarding any campersation tewaris Sitere Jose of imoome im spite of v2, stating that the the evidence of the Medion! officer-P¥ ys nage ty to an extent of 20% toe nie left lower limb. Hence a case for enhancement is made out. LO. Per contra, Learned Counsel appearing for the contesting-ineurer supported the impugned judgment gd award passed by the Tribunal. ee & - 4 Neo " . songideration, the Tribunel has awarded @ sum 6 iGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATARA MIGM GUUICE UP RAIMA TARA PERSEEE Sesurar ir Ser reemens sees ems es il. Taking the rival submissions into consideration ard the papers that are made avail able 4 pefore me at the time of hearing, the point that. asises for my consideration is: | | | Whether the appellant-clatnant hae made out a nase for enharcerent? LZ. Fecte are not in diapnte, The clatnant lavingg met wilh accident, ; injuries sustained, treatment taken ame tie amount apent ine als not in dispute. The claimant has cisimed that in the Hmpmened accident, ne has sustained fracture te his left leg. He wae in the which period be has undergone one surgery for which he spent huge money. His testimony is fortified from the evidence of PW2- . Medical.cfficer and the wound certificate Exhibit P4, Hhich is placed on record. Taking all these factors inte _ Rs.45,000/- towards imjury, pain and sufferimg, te Bea eh "Ee undery, gone one sur" 1IGH COURT OF KARNATAKA IKIGH COURT OF KARMATAKA HIGH COURT OF KAKMALALA PIP GRE Wr Ruamitennenmues C hemes we eres gare ia just and proper and does not call for any. ruocifice ioe. ia. Forther, the Tribunal: relying upor the medical bills which are at exhibit PSs series has ew arded a sur of Re.20,000/- towards: medical expenses. No r grievarioe Wan GBC rade} ith reaps ia. However e the " Tribunal has ewerde orly a aum of Re. i Oe Of: ™ toward de coriveyarce, Te Lipiehimrient aud arendant charges. As already pointed out, the vlaimacit nes aus tained fracture to hia left thigh bone. He les te a 'treatment in the Hospital for 8 days anc y jt fellows that ne muet heave taken follow up treatment for the same after the discharge from the Heepital That automeatioally follows 'that he must have spent conmiderable amount for taking s Bae - % Se " ied 3 sc, Beige 8 treater. aking el. these facto re inte consideration -.. detersniinetion of the aecome of the c PINES Seal PLE SREY PMERECINGR EER GIS APE Gr AWARE Gla COURT OF RARNATANA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C amd the date of accklent which haa taken place "on. OL.O7.2007, I deem it fit t award a further sure oo Rs.0,000/+ towards conveyance, nourishment and attendant charges m1 addition to Ke 5 4,000) ~ awarded kv . the Trieunel. 1S. Further, the Tribunal hae was ried @ euro of » of the epokert t ta by the = claimant and fortif d by the testimeany at PY 2-Madtical offiser, i the facts and circurmetances, the sare is "also just and. proper and does not call for 16. Next aspect that dwells for consideration is Z " comtperiseation to be ewerded trwards loss of income _ during leid-up period arxi loss of futare income. The cleans thet be tm agel 40 years, an wulturist and businessman by protea gion, arming 2 HGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNALAIA FENGPt GWU Wr ReArirtenrmerien Crises mene rane ore sy gutn of Ra.8,000/- per month. However, he has hee his age, date of accident has deterinined this: income at . Fs.3,000/- per month. As already pointed ¢ t, the accident has taker place Or 01.07,200%. "Therefore, having r ard to the age pad avovation of the claimant, in my view bus incume car be. determined pas Re.3,500/- es ageingt Bet, 6 ye determi med by 'the Tribunal. Trivunal hes award a cempemnation towards loza of of =
income during laid 'Ep perig d fr a period four months. os, reving determined ini icone at Rs.3,500/- per month for four months claimant i entitled to a eum of Ra.4 c00/- ee againat Rs,12,000/- awarded by the Tribasel tow ai si | loge of income during laid-up peed.
17. o the question of lose of future income, the evidence of PW2-Miedical officer discloses 'that he has disability an extent of 20% to his left iower Timb. However, he hae not spoken to ea to what light GOUKE Ob KARNATAKA MIGH COURT GP RARMATAIRA MEGH COURT OF KARNATAICA HIGH COURT OF KARNATAKA FiGH COURT OF RARMATAKA FIGN & would be the permanent disability to the whole body o lower limb at 20% as spoken to by the We 2-Med el oMicer, we cari safely determine the permaacit discbility ~ to the whole body at 8% havitig 2 regarci to the natur eof the fracture that the claiment hes eu ustained ma the impugtiéd acci = dent. Kis unicdiaps vated that the claimarit oa aged 4() YOOrey. therefore, the (proper multiplier that Decoies appuce le: 1 . Takings al these factora into considerstis LES, the Seimen rik, weld. be entitled to a sum of We.50,400/- | boards. Suture len oof income (3,BOOK1@N@X18/ 100).
» 28. Further, the Tribunal boking t the eviderice af the PWO-Mecdiceal officer has awarded a gum of oo Re O00/- towerde future mascigal experses for the removal of umplents which are im situ. The sare alge mn the | facts and circumstances is just and proper and doce ° es : lem eiey: Thaw tee elaine nt in all aot call for any mecdification. Thus the clammant mm all owee sd Son get bE ge, ol "ye ee ety He 2 WOU me Ghee TS VR | ENE) wpernsation OF the permanent functional disability to the oi | CHIR YT OF KARNATAKA HIGH COURT OF KAKMNALABKA MiiM WUE Vr RARMNALARG Mur Ute Past Pr COURT OF GOARNMATAIGA MiG COURT GE RAR MATAR A Pilar & date of petition till reelisation ae against Ks.1,06,Q00/- L. Towards pain and aufferings | spegsoamananeel
2. Towards Medical experises me oS # 20, 000/- ~ Hounshing 2 1O,000/-
%. Towards our FEVER:
food anc etter dant e herges
4. Towarde lose of moore duritg 14, 600/-
laid we period | 3.5 OOK S. Towards loss offs pire income & 50 ,400/+
6. Towards Aa HITS Tne ical expenses & 05 ,000/- vi cowards lone ri amenities, 8 25 200) "¢ % Fey amgioey a berecty seryeae 7 is in the reguit jor the leregoime reasofis, 1 _ proces! to pases the following:
iGH COURT OF KARNATAKA HIGH CCURT OF KARNATAICA HIGH COURT OF KARNATAKA NIGER COUR? GF RARNALARA PSPT CLM ERs RERUN RARE ea PTRMEIE tot
2) The impugned fudement and award passed Ty.
the Tribunal i modified amd the appeliont:. ; awarded a total commoétoation. of Oe per. anni .
from the cate of petition te 'realisation. a8 ni ageimet Re.1 OG 200/- with interest at 696 per annum from the dete : of pi petition aH | realisation awarded by the Tribunal, The enhanced "to Bs.63,400/- with terest. 'Be AM 4 per anrurea from the date of IE petition al vealivation.
the ¢ entire enhanced compensation with interest before the riburwl within four weeks from the date of reoeipt of the copy of the judgment and * @ Pee ; © ae " ee intereat, 50% with proportionate interest of the ita oy he OURT OF MARNATAKA WIGH COURT OF KRARMATAKA HIGH COURT (PF RARNATARA MiGh OG oa ee Ph CAOWR) 22P BOAR LATA MiG COURT OF KARNATAKA PigM & gare ie ordered to be deposited in the name of, thie appelle cle wrwsrst aa . any Nationalised / Schedule Dank for a period: of fi (S) yeare renewable by further" peri of See years, He ia entitled 'te withdraw the interest accrued on the said deposit periodically, The balance S056 with prop portionste intereat ia gh ordered te. be" released' in' favour of the appellarst-cl OEE fm [a nn a ae 5 oe ole ¢ Miico to draw the awerd eccordingly. Sd/-
JUD