Karnataka High Court
C Lokesh S/O Chowdegowda vs H S Ravi S/O H.N.Siddegowda on 6 February, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
IN THE HIGH COURT OF KARNATAKA AT BANGALO4RE-.:_"E~.V_
ON THE 6" DAY OF FEBRUARY 2012 ,:-I
BEFORE
THE HON'BLE MR.JusT1cvEjRTAv1 MALIi'4.ATH'V":Vv»4'V'VV
MISCELLANEOUS FIRSTA23EAL;NO';37.iA3~TOF 2009(MV)
BETWEEN:
C.Lokesh ,. A
S/0 Chowdegowdapie. _
Aged abo'Ut"E27yearSf; ' A
R/at 1" Stage, VKuy--en1pu'nra'ga_ra, I
Mandya City .-- 571 ...APPELLANT
(By SrVi_K.L.S'r:..niva,sV& VD;'EEK.Harisha, Advocates)
.....
H .3. F'<a,_vTa *1 '- i Q' ~. 'M--.<3rJ'0VV|"",«'"'~-.. S/V0 H._N'.S§I.i_ddegowda, _ B"Ooth'ana'"Hosur, Mandya Taluk & District - 571 401.
United India Insurance co'. Ltd., M.C.Road, ' Mandya - 571 401 By its Branch Manager. ...RESPONDENTS eke-
(R1 & R2--Served) >l<*>l<>l<>l< This MFA is filed under Section'-17'3(:1) of'-IS/iV"Act against the Judgment and award dated 02,61.12009-._pass_ed,gg_T j in MVC.No.307/2007 on the file of"*Pri'nc'ipal "C_i'vE.lg Jgudgg (Sr.Dn.) & Member, MACT, M.an_dya,'p_a'rtly allowing the"
claim petition for compensation~.an»d seeking' enh_a'n.ce'me'nt of compensation. ' v This MFA coming on__.for daygthe Court delivered the followir19:- ' ' V is The case""ofit-h:[e_that on 6-5~2007 at about 1Q.-p-;m:'w'he'fi::::A:he w.as:V'w'a'i*ki.ng5on Peenya, 2'" Stage, Bangalore " the the motorcycle bearing No.KA--O5/EH-.._43.5S' a rash and negligent manner ...__andxidfashlédRaggi'n3tV____hgirn. He sustained injuries. On a V.'-..gcia.in1-..PetVitio:n_'be_i_ng filed under Section 166 of the Motor Vehihclres the Tribunal awarded Rs.1,13,000/-- along ',\./vith ilnterest at 6% per annum from the date of petition till A lfrealliizéaétion. Seeking enhancement the present appeal is filed'. H Q94/~
2. Heard the learned counsel for the The respondent insurer and Respondent it and unrepresented.
3. The Tribunal AcompeVns__ation""" as follows:-- V _ _V Pain and Agony V _ 3 40,000/--
Medical Expenses Convevaniiké ». Charges .. » Rs. 5,000/-
Loss__ of _i nco'irl'c+;;..dV,u ~ Laid on 'period _ . Rs. 12,000/--
Loss-of «anfienVViti~"e's._'l' Rs. 20,000/-- Futu re" Rs. 6,000/-
H '- '4; 'V"'E'$'y.e'Ar'TI.VVt'Vhough the Doctor has sated the disability is to a'nze'§<tent of 30% to the whole body, the Doctor has 'é'V'flopi"i1ed.g that the disability is at 60% of the right limb and the whole body. There is a shortening of the right p/cm lower limb by 2 cm and other disabilities. circumstances, I'am of the considered view thev:"'disa.bi~!itye T' -- assessed to the whole body is; far'_'"t.oo_ Therefore, it would be appropriate to hold..the d'i5siab'ilityVat."< it 20%. The Tribunal misread th'ei';evidence~.of'*the'Doctor when it came to the conz:lu~~s_ion_"t'h'at "the'V».Vfr.a.ctureV'iAs"united. However, on the examination" of P.W.2, the Doctor has very;cl'ea_rly stated "5. x-ray fracture tibia united at mai --positioh;."-- Imp-/ants""in'"situ. There in osteo/ytic.reaCtion._aroTund the implants. it I advise.d patient to undergo another syurgeryllforvreni-oval of imp/an ts. In 'vepinion there is permanent dIsability:"to_ right lower limb to the extent of V to.-ithe whole body at 30%".
Therefore the fracture is united at mal position. would be appropriate to hold the disability at He claims to be a Painter earning Rs.6,000/-- per lflumlonth and the Tribunal held his income at Rs.3,000/-- per we -5- month. Thus awarded a sum of Rs.12~,~ OQO/5-'
4) towards the loss of income during the7t[_reatm'ent
6. The Hon'ble Court. _m.c RAMACHANDRAPPA v. Tr:"E..V_MANAGi§R;,TVVRQYALT 'SUNDVEARAM ALIANCE INSURANCE reported AIR 2011 sc 2951 of a daily wager at occurred in the year 200:4.' 'i_'s"'of}the year 2005. He is a mean that he is a skilled workman. He'cannot',be'--.equ'ated to a coolie. He was aged years the dVate~---of the accident and the appropriate
18. Hence it would be appropriate to take income at Rs.5,000/--. Hence the loss of Vili'--«._'f.uture earning capacity would be Rs.5,000 x 12 x 18 x "?()5/oT¥'~«Rs.2,16,OOO/-.
7. Towards loss of income during the laid up :period a sum of Rs.12,000/-- is awarded. He woul require _6_ a period of 6 months to recover. Hence, a__;"surn;~..of5 Rs.30,000/--(Rs.5,000 x 6) is awarded under t_h.e-.s_a'fidVnle:ad. A A sum of Rs.30,000/-- is awardedI_as,.agfjainst<._th.e'*V.bvi..lg:lsV..._.u.' produced to an extent of Rs.44',5.{l2/-Vin_'t'ermsV»'o%f*uE§§s.P§;6 and 10. Hence, towards e_)V<peVnse:si'a of Rs.45,000/- is awarded. pailr:.._a.nd«.a'gonyHa"sum of Rs.40,000/-- is awarded reasonable. Towards convey3_anc;e:a awarded. He was in the days. Hence a sum of said head. A sum of Rs.6,OOO/-A' isaywardledptoéwairds future surgery costs even thoughgmhet Do.ctor'l*ias notzlsuggested anything to the said the saidflmamount stands deleted. A sum of awarded towards loss of amenities is _enha'nced.__*to.iRs.25,000/--. The compensation awarded is V' l5ain and Agony Rs. 40,000/--
Medical Expenses Rs. 45,000/--
V/<'""
Conveyance & Nourishment Charges Rs. 1 O,OQQQ'4/ft" * V. Loss of income during the Laid on period _Rs. it it Loss of amenities ;jRs..:' Loss of Future earning V A ca pa city " Rs~,.2,1.6_;_OO"O:/-
Tomi i i_ " i :4 ._ Consequently the Conipen:sat§or.i': by a sum of Rs.2,53,OOii)/~;:."(.i§'sV'.g"$i;o6'yQfd(f)"«_ y'iiiist;'it,13,ooo) which shall carry intf3'r'es't"iVa':LVi, the date of the Petition tiiiiréatiizarion'aindisiiaii paid within a period of 8 weeks from of Aresceiiuiot of a copy of this order. .....
JUDGE