Karnataka High Court
Govinda Poojary vs Gopal Shetty on 16 March, 2012
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopal A.Gowda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16™ DAY OF MARCH, 2012 BEFORE THE HON'BLE MR. JUSTICE A.N. VENUGOPAL A.GOWDA M.F.A. NO.1679 oui (My) | BETWEEN: GOVINDA POOJARY AGED ABOUT 46 YEARS S/O KORAGA POOJARY R/O KELAPETE HOUSE oe SIDDAPURA POST AND VIL LAGE, KUNDAPURA TALUK, .. APPELLANT (BY SRI pain cMiniaasteror ADV. ) AND: I GOPAK. SHETTY 0 AGED ABOUT 28 YEARS: S/O: KRISHNAPPA SHETTY *FODGI JANSALE HOUSE _ "SIDDAPURA POST AND VILLAGE " KUNDAPURA TALUK. bade "UNITED.INDIA INSURANCE CO. LTD., "ONLH.A7, KANCHAN TOWERS \IODERAHOBLI, KUNDAPURA, REP. BY ITS BRANCH MANAGER. : _ RESPONDENTS
y.U.POONACHA, ADV. FOR R2;
ET TO Ri DISPENSED WITH) bQ THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2010 PASSED IN MVC NO.334/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, UDUPI, SEEKING ENHANCEMENT... OF COMPENSATION. nee a THIS APPEAL COMING oN FOR ADMISSION THi S* JUDGMENT ° Claimant in the MACT is-the appellant. Claim petition was allowed by the MACT and compensati ion. of 14, 370/- vith interest was awarded: Contend ING the e award to bea paltry sum, this appeal has heen-filed by the claimant.
2. Responden ts" have. hot: quest ioned the award passed by acr. . "in the circumstances, only point for consideration is, whe ther. there is just and reasonable award by thé MACT?. |
- _ 3 Ex. P4i is the wound certificate, which shows that the appellant has sustained the following injuries:
(Hae natoma over left thigh with tenderness; | (i)-Abrasion 10 x 6 c.m. scalp with bleeding; (i i)Deformity in right little toe with dislocation of I.P.joint.
ae Injury Nos. 1 and 2 are simple in nature and i injury No.3 is a grievous injury. Doctor has been examined as pw-10 and he has issued disability certificate' aspen, * Ex.P42, which shows the di sability suffered in rel lati on to - right lower limb is 6%.
4. Appellant was aged" about 45 years. "and a coolie. On account of the accid iant, he must have been away from work at least for one month Sind there | is loss of amenities. He. has 5 undergone ie trauima, 'air nm and suffering and has incurred expenses for "obtain iing treatment and other expenses towa: rds¢ convey ance 'and nourished diet.
5, en sh there is S permanent disability suffered, same: has not re re sulted into , functio al disability. However, on. sccount of the p permanent disability suffered, there is joss'of amienities of life. The Tribunal has not awarded just compensation.
6° In my opinion, the just and reasonable ~. compensation which the respondents have to pay to the
-.appellant is as follows: \ a a Amount Heads (in Rupees) Pain and suffering 20,000/*. ~ Medical expenses 870/- > | Incidental expenses: a Conveyance, attendant & nourished di let 3, 500/-~ Loss of income during laid off period | oa 7 . . 4,500/-".
Loss of amenities of life... - os 15,000/ Total . Co 43,870/-
In the result, the appeai s allowed. . The impugned Judgment / Awardsi is 5 modi fled, Appellan 'is held entitled to compensaticn of 243,870/> with interest at 6% p.a. from the dat of filing of lain petition till the date of deposit, in the MACT: : a --
Respondent Insurance Company is granted two | ght ore to deposit the balance compensation amount nthe MAC cr | . . "No order 'as to costs.
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