Karnataka High Court
Sri. M. Chandrashekar S/O Sri Muddaiah vs Divisional Manager on 1 February, 2012
Author: N.K.Patil
Bench: N.K.Patil
IN THE HIGH COURT or KARNATAKA AT BANGALORE
DATED THIS THE 1ST DAY 01+" FEBRUARY, vv
:BEFORE: A» in'. '
THE HON'BLE MR. JUsf1frc_1_«: N.K; "
M.F.A.NO.8527 oi=r._20io.. 4'
Between: V i
Sn'. M.Chandrashekar,
S/0. Sri. Muddaiah,
Aged 40 years, V L
R/at. No.44, R.K.Co1ony, '
4th Cross, 215' Main, =
J.P.Nagar II Phase,
Bangalore-73. V . V
~-- ...Appe11ant
(By Shri. Mol%_1ar_1 Kun1ar;~T, Advviocaite)
And:.
1 . Divisional Manager; ~ .__ H " 2
New India Assurance ($0., Ltd.,
Divisional,V_Off1c'e No. 10,
V, .;No. 52, Vinayaka Complex,
_ - """
' 2 , Ba_ngalore+4.
" Kodandaraina Reddy,
' V S/o._ S1i.._Basappa,
"R/Q. Roopena Agrahara
Bommanahalli Post,
=_ .. Madivala,
V "Bangalore.
Respondents
' = (By Sri. S.T.RajashekaIa, Advocate for R1;
R2 served)
*****
This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 05 / O6 / 2010 passed in._MVC'._No. 3200/2007 on the file of the Chief Judge, cogrto-f,j's.1ria11 Causes, Principal MACT, Bangalore, partly_.fallow'in_g' claim petition for compensation and seeking e'nha.nceVn1ent__'of ' compensation. _-- ~ ~ .-- ._ This MFA coming on for Hearingcgjvthies .:day,c'Lhe___Coj_1it delivered the following:
This appeal by,.the directed against the judgment and award 2010 passed in MVC No. Court of Small Causes, Claims Tribunal, BangaJo1'e,: ) for enhancement of compensation: that, the compensation of '\'1,V39,4'l7C5-,/{with interest @ 6% p.a. awarded in favour 0f:'thg.cc1airnantcasagainst his claim for '\'3,00,000/--, is The appellant claims to be aged about 38 A yearsfiind working as Newspaper Agent, earning a sum "of:l,.¥";"8,000/-- per month and was hale and healthy prior .:%to the date of accident. That the occurrence of accident at about 7:00 A.M, on 19--O2--2007 near HSR Layout, on //A BTM Ring Road, when the appellant was riding his motor cycle bearing registration No.KA--O5/._is not in dispute. It is also not in appellant has sustained abrasionwleftg 2?" it 1 cm; abrasion frontal region cm;l'a.b1*a.sioi:,"j.zist_ below the right eye 1 X l' --cm~~;._>abrasio11..,o'n hand' and left hand; fractugfe of ._ left radius styloid.
Due to the injuries he was shifted to ivas admitted as in-Patient; A if it that, on account of the stated above and for the treatmentfof vtlievsaid injuries, he has spent reasonable tonwards"conveyance, nourishing food and charges including medical expenses and other geiipenses and therefore, he has to be V ' compensated reasonably.
On account of the injuries sustained in the __accident, the appellant filed the claim petition under it Section 166 of the Motor Vehicles Act, before the ;4_/.» Tribunal, seeking compensation of a sum of ?3,00.,OOO/- against the respondents. The said claim petit.ion_l'h_ad come up for consideration before the Tr._iljunal- June, 2010. The Tribunal,__.~after .'eonsi?ierin.g:~AV that relevant material available on file of the oral and documentarfeyidence, allo-we:d"the":claim' T petition in part, ?.'1,fl3'9-,.4'ZlE3/-- under different heads, xxrithllélinteresxtiaét -annum from the date of petii;-ion tiilw ifealization. Being dissatisfied compensation awarded by in appeal before this of compensation.
_ _ 5. -Vhavev'gor:_eVthrough the grounds urged in the nieaiiioraiidumllllof'"'appeal and the impugned judgment by Tribunal and heard the learned Counsel 'appearing for the appellant and the Insurer. T' After hearing the learned counsel appearing for appellant and the Insurer and after going through githe impugned judgment and award passed by Tribunal, I am of the View that, the Tribunal, after assessing the /4» oral and documentary evidence available on fil_e, has rightly awarded compensation of ?56,475/+.j"Vto_wVards medical expenses, ?40,000 towards pain and and '€20,000/-- towards future;medical""e§ipenses.',j;.Ti1e a same is just and proper and hjence; "intei*ferenc,e"
same is uncalled for.
7. However, sojzfar éoxppefisauofi awarded towards, conveyance; attendant charges, loss unhappiness on account income during laid up is on the lower side and Admittedly, due to the injuries s"ust'aine';d jintthe accident, the appellant was nip thetlliospital for a total period of 10 days. Hav'ing«..re~g'ard_j..to the nature of injuries, I can presume period of treatment, the appellant must have "u_n'dergone lot of unsaid pain and agony and must also spent reasonable amount towards _,_C§onveyance, nourishing food and attendant charges. Having regard to the nature of injuries sustained, on the zé/~ advise of Doctor, he might have taken bed rest and follow--up treatment at least for a period of fOu.l""Ifi0llthS. I The appellant has sustained one g1°ieVoL_1.s:«-- other simple injuries, as stated.~»ab4ove'.l about 38 years, would find it dlifficiultllltolll he was doing before. TheD,o"c.tor hasassesseddisability' of 28.80%. But, the,'1fribunQ:.hasudisbelieved'lithe same as exaggerated. The $0 endure this disability for Jflherefore, having regard to" ililriipjuries sustained, age, avoc;,L«gio11.llaiidlithe ahcflduration of treatment, I awarldgpal towards loss of amenities, discomfort» aridunliappiness on account of disability as awarded towards disability;
conveyance, nourishing food and as against '€4,000/--; and ?'16,000/-- pptowalrds loss of income during treatment period, at the of '€4,000/-- per month for a period of four months. the appellant in all, would be entitled to a total compensation of ?2,02,475/--, with interest at 6% per A annum as against ?1,39,475/-- awarded by Tribunal, and the break up is as follows:
Towards Pain and sufferings Towards Loss of amenities 8: enjoyment in life i , e. t_50.»09.C/.f Towards Medical Expenses : " .. T'? Towards conveyance, nou1'ishing;"foo'd%" i' "
and attendant charges ___ ' A ' T Towards loss of incomeeV_""~vduring 2 treatment period " ' ' Towards future medical expenses--. T ? ' ~20.,i')OO/- '____:~_Total . ?2,02,475/-
8. In of the case, filed by appellant is judgment and award datedybthyddbeliéo in MVC No. 3200/2007 by the "of Small Causes, Principal Motor .__pC1airns~~"Tribunal, Bangalore, is hereby _ awarding compensation of a sum of with interest at 6% per annum, as against z1,39,,V4i75/-, awarded by Tribunal. There would be an €I_1h.ancement of compensation of ?63,000/-- with 6% .0 ___interest per annum.
flee The first respondent -- Insurer is directed to deposit the enhanced compensation, with,~~.ii1terVest thereon at 8% per annum, from the date the date of realization, within thr.ee_weeks 'frVof1n"'the:»pdateu ' of receipt of copy of the judgment and ' On such deposit lbyl"-»..the °'In_sureI~',,_ of ' ?30,000/-- with proportionatellliriterest shailbevideposited in the name of the in any nationalized period of five years, years, with permission to witl'1draiy iinterest.
?t'13.3,000/-- with proportionate interest released in favour of the appellant, Hfiffiefiiately. **** ,. ..to--_draw award, accordingly. V Sd/-' IUDGE