Karnataka High Court
Mr Subramanyam vs Mr Leo Cornelio on 16 September, 2011
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
jon IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS TH BEFORE ot ) rec M.F.A. NO.6572/2010 M SARTH Ei <ATTE, UDUPI TALUK ter . UDUPI _ (BY SRL/SMT : NOTICE TO Ri | 16™ DAY OF SEPTEMBER, 2011. -- E HON'BLE MR. JUSTICE B. SREENIVASE >: GOWDA:
a Boll Thal Boal, SENT er ERE AMEN 2 PPO LEE LE ASHE EER ERE FR BER OO FRO FA FILED U/S 1731) OF MV ACT AGAINST THE LN > AWARD DATED: 'BS. 04. zor PASSED IN CIVIL JODGE, LY ALLO MPENSATION AND . EN NSATION. _ 'This al is 'by . the ci imant seeking enhancement of comperisat for. avant ed by the LEree « a 2, 7 Hear , the appea lis admitted £ with the ppearing for the consent of the le earn ec. 'counsel parties, it ia taken: up & for final disposal. Be - Fot the 'referred 1 to ae . they are refer : ~sbedirs, tt the Tribu & As there is no dispute regarding injuries sista ined by the claimant in a road traffic accident & SION THIS. & APS TACOS LUE Ee ROSTER BF ENR ORR BFE REET LE Wwe Pomp ww its Me Bt, % pthstsie, 9 -- PY Ce a a oe WS x uz pe - ese, 4 vem, se, cos peop ween Z eccurred on 30.3.1995 due to rash and negligent driving of the lorry bearing registration No.KA-19-AC- . iF 6800 by its driver and consideration in the appeal is:
'whether quantum. of competsation awarded by the Tribunalis. just-.and _ reasonable or dees .it- call for cement?"
f the Tribunal, Iam of the view that the wtion awarded by the Tribunal is not just and g "reasonable, itis on the lower side and hence it is required to be etihanced. Superficial side of eye ility of the insurer:of the. -- ffending vehicle, the only point that arises for iny. HOH ORR ee PEELE WMT EWP NUE 6F% FRR FROME EWR E EER etre mR KE OH Lacerated wound over left thigh Fracture shaft of humerus left lower Subtrochanteric fracture femur left-type: 2. compound co! uted four part Fracture left zygor i | 7 Multiple rib fracture left side with minimal hemothora:
oh, Be & gg th The injuries sustained by 'the claimant are. ~~ evident from the wound certificate. Ex.?-9. 'and supported by oral evidence. of. . the claimant. 'and "BWe-3 and 8 stated that daimant 'has suffered ¢ disability of 30% to the left hand, 20% to the. left leg and 70% to whole body.
7. Considering. the of injuries, OH ER PFW HS Pee ROTA FR EWE PR AHO Be SO POM SO EMM CEO LE Lievens to &, The ¢ nant is working as a Firat Di Clerk in the office of the Joint Director of Pubii Instruction, Government of Karnatake and he foe nt = bills produced med fore the Tripe ural: The Tribunal cc idering t is Government 'Servant. _ and his medical bills have been reiribursed by his employer, under the h Hospite : Udupi. "Considering the duration of treatment, Re. 10, 0007-8 warded by the Tribur vowerds: snicider ' uch as corivey
10. The claimant produced Ex.P-12 to show that he has obt acimits in the croes ¢ salary to be compensaled and hence 1 award
11. Even. after sustair aivt ued hie employmec ot gi bobs sy my employment. . There efore, he is not . comperination under the head Nevert heless,, the. ch 'int of dist mfort and unhappiness in his future
-. life, theréfote it is just and proper to aw /- towards 'loss of amenities' and i is 8.16,000/- awarded by the ¢ 16d 358 days of EL and, Ae Pas) Wood Q A Yond' Q del EBRD. Bai » EEEN TRE OF URGE ME MSN GE IE a &% bbe » P vege, pn Bo Bare a cae as se Gesu i2. Consilering the nature of injuries, a sum ig. Thus, the claimant is entitled 'for ine Pe 2 se, we au : ringe a a oe Rs.65 OG neidental ; = Re. 25,000 oy ome during | dj Loss of ax nit ies os = Bs.50,0 : wxpennes Bets iwith interest at 6% p.a. on the 4 44,of- * + from the date of claim
- is awarded towards future médical SW BH RD 8% Coes. W EVR RS GE Wee Face Feel a SS HSM, A A MH, HAE aE AE Cae gl yd Lose i5. The Ineurance Company is directe a8 deposit the enhanced compensation amount togetts otis with interest within two months from the "date. of | receipt of a copy of this ju
16. Out of the enhanced sompersat at tior n, 5056 of ount with proportionate: int erest is ordered to be inveeted in fixed de sit in the. lame of cl arty Nationalised. Benk/ Schedule sd: d-Bani/ Post C are , engeable trom time to time 2 CA for @ period - of 6 , and with a right 'ot option to withdraw interest emaining amount with pro portion ate favour of the LRURRE Baw