B Jayanna vs K T Shashidhar on 2 January, 2015

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Karnataka High Court

B Jayanna vs K T Shashidhar on 2 January, 2015

Bench: A.V.Chandrashekara

                          1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 2ND DAY OF JANUARY, 2015

                      BEFORE

 THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

          M.F.A. NO.2688/2009(MVC)
 BETWEEN:
 B JAYANNA
 S/O. BASAPPA
 AGED ABOUT 52 YEARS
 AGRICULTURIST
 MOODLU MACHIKERE VILLAGE
 HIRAMALLANAHOLE POST
 JAGALUR TALUK
                                        ... APPELLANT
 (By Sri: MANJUNATHA PATTANSHETTY, ADV. )
 AND

   1. K T SHASHIDHAR
      S/O. THIPPAIAH
      AGED MAJOR
      DRIVER OF TRACTOR
      BEARING REG NO. KA-16/T-889
      C K PURA EXTENSION
      KELAGOTE, CHITRADURGA.


   2. T RAMANJANEYA
      S/O. SADAHALLI THIPPAIAH
      AGED MAJOR
      OWNER OF THE TRACTOR
      BEARING REG NO. KA-16/T-889
      TURUVANUR CHITRADURGA.
                               2




  3. NATIONAL INSURANCE CO LTD
     BRANCH OFFICE
     P B NO. 94, M H ROAD
     CHITRADURGA-577301.

                                               ... RESPONDENTS

(By Sri: JANARDHAN REDDY, ADV. FOR R3,
R2 SERVED
NOTICE TO R1 DISPENSED WITH)

    MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:29.11.2008 PASSED IN
MVC NO.8/2006 ON THE FILE OF THE ADDL. SESSIONS
JUDGE, PRESIDING OFFICER, FAST TRACK COURT-II,
DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

The present appeal is filed challenging the judgment and award dated 29.11.2009 passed by the Court of the Addl. Sessions Judge, Addl. MACT, FTC-II Davanagere in MVC 8/2005.

2. The appellant-claimant had sustained injuries in a road traffic accident occurred on 25.5.2005 3 due to rash and negligent driving of the Tractor bearing registration No.KA-16-T-889. Hence, he had filed a claim petition under Section 166 of MV Act before the Tribunal seeking compensation. The Tribunal has awarded compensation of Rs.50,000/- with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has filed this appeal seeking enhancement of compensation.

3. As per Ex.P-5 wound certificate, the claimant had sustained lacerated wound over the left abdomen and traumatic epigastic hernia and Inguinal hernia. He was treated as inpatient for a period of 10 days at Apoorva Hospital, Davanagere.

4. Considering the gravity of injuries, Rs.10,000/- awarded by the Tribunal towards 'pain and sufferings' is inadequate and therefore, Rs.35,000/- is awarded under this head.

5. No interference is called for in regard to Rs.25,000/- awarded by the Tribunal towards 'medical expenses'.

6. No amount is awarded by the Tribunal towards 'incidental charges'. Since claimant was treated as inpatient for 10 days, some amount is required to be awarded for food, nourishment and attendant charges. Therefore, a sum of Rs.10,000/- is awarded towards 'incidental expenses'.

7. Considering the nature of injuries, Rs.15,000/- awarded by the Tribunal towards loss of expectation of life, loss of comfort and loss of amenities is inadequate. Therefore, a sum of Rs.25,000/- is awarded under the head 'loss of amenities'. 5

8. Further, no amount is awarded by the Tribunal under the head 'loss of income during laid up period'. In view of the injuries sustained by the claimant, he was not able to work for atleast 3 months. The claimant was an agriculturist. His income could be assessed at Rs.4,000/- per month. Accordingly, a sum of Rs.12,000/- is awarded under this head.

9. Thus, the claimant is entitled for the following compensation:-

              HEADS                         Rs.
  Pain and sufferings                         35,000
  Medical Expenses                            25,000
  Incidental expenses                         10,000
  Loss of amenities                           25,000
  Loss of income during laid up               12,000
  period
              TOTAL                        1,07,000

  LESS: Compensation awarded                  50,000
  by the Tribunal
            BALANCE                           57,000
                                   6




                                ORDER

10. The appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified. The claimant is entitled for total compensation of Rs.1,07,000/- as against Rs.50,000/- awarded by the Tribunal. The enhanced compensation of Rs.57,000/- (Rupees Fifty Seven Thousand only) shall carry interest at 9% p.a. from the date of claim petition till the date of realisation.

11. The insurance company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The said amount is ordered to be released in favour of the claimant.

Parties to bear their own costs.

Sd/-

JUDGE DM

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