Karnataka High Court
Aizaz Ahmed Sabir vs G Kumaresh on 6 November, 2008
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
BMA Mor CUOUKI OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH Ci THE HIGH COURT OF KARNATAKA, BANG ALOR RE Batt DATED THIS THE 67 DAY OF NOVEMBER 2008: _ ret iy ah Lr Bes, be, Bot ies Bs, dO Se THE HOW'BLE ME. JUSTICE SRE MIVASE GOWDA - MSC. FIRST APPEAL LL No. 4487 C BOO? (Ny | Algae Armed Sabir, = S/o late Mohammed C Gihed wie; Aged about SO years, R/at No.d8, + Cross, Raibvay Layout, Hi Stage, Pilanna Garter, 7 fe-D aot) 048. OS . ABRELLANT [Eby M/s Lawyers é 'Net fr appellant ANTS: iG. Rumeresh, af 2 Gide, Road, fed not known, Rfat Ne 28, B, Ankappa B Block, . a Crews. Jf. Negar, Hangaiore- 6 2 O06. 2. The Manager, HIDEO Chubb General Insurance Co., Ltd, - He.J0g, Embassy Classic 11, HT Floor, . Vital Malya R Row .. RESPONDENTS '(By Sri: O. Mahesh, adv) Miscellaneous Firet Appeal Bled wader Sec.1 73!) of M.V. Act against the Judgment and Award dated 7/4/2006 passed in MVC. Ne.2491/ 2004 on the fle of the VHI Addl. Judge, Court of Small Causes, Member, MACT-V Metropolitan Area, Hangelore, (SCCH.NC.5S), Ts New we AAI FU UVR Or KARNATAKA HIGH COURT OF KARNATAKA HIGH C partly allowing the ors petition for compensation. and seeking enhanpeme of comperwation. This Miecellay MeCs F iret eppeat coming com for. acimisaion this day, the Court deliverec he ellow ing: € x ae This appeal ia by the cinimant f or eth thanca acoent of comipeneation @. Briel facts of fthe ¢ o ei ae Bl ee stated as follows: Ch aa 2} 200 i¢ whe 5 che appellant Wee midoew nis motor cypobe beni . "Ho.REC 7 1OLBRA-4-EF-3906 on Nandich weal toad, near. Chine ne ppR garden Enk road, a rotor cycle beating Reg. Bo. A-CML EPA? LSE ue Feces opposite 4 lite tion it rash and fléegligent manner dashed 7 against the appellant 88 8 reault, be fell down and - . / alistained ir 4 injuries, He made an application before MACT, ; "Rengalore geekam ocompersation of Re.3,00,( 00}. The Tribumel awarded him sompensation of Re2S,000/- with interest at 696 per annum. Agericved by the quantum of compensation awarded by the Tribunal, the claimant has preferred thie appeal, seeking enhancement of compensation. [0 TT SRAEAHARA® TUT GUUKE OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C =, AS there is no dismute regarding bodily iifuries gustamed by the appellant in a motor road accident and no appeal is filed either by the owner or insurer of ine - offending vehicle challenging the finding. of th Ve "Teibuna! that the acekient was occurred, due " . rash - and" megugent driving of the moter cycle beattiz 7 7 1g No. KA o4~ EF 7158, the only s, insine chat ~ seni ior ty consideration is whether the 'compencation awarded by the Tribunal "sy ig just and ; pteper or calls for enhancement -- 2 - & i ee ee - _ 4, After ger ring the Jgarnec counmee) for nertes and perusing the. Jidgm Stl ard Award of the Tribunal, . Lem of the opituon. that the compensation awarded by ». the Tribunal ia not just and proper, it is on the lower side, and therefore it deserves to be enhances, 4 S. As per wourkd certificate Ex.P-4 the appellant has sustained fracture of spine of scapula and cerebral torcussmn. As per the opmion of the doctor who issued the wound certificate, injury No.1 is grievous ith nature. Ex.P-G discharge summary discloses that the es rns ene nee MET MINIS THIET CUUKI UF KARNATAKA HIGH COURT OF KARNATAKA HIGH C appelliont has taken treatment at Santosh hospital as in patient from 27/2/04 to 28/2/2004 for one ey ; "He Was treated conservatively, M-ray report show Wwe that 7 Oe a has sustained Fracture but docter with regard to the math ite & fi infur 18. ous tained by ham. However, considering the natave "of. injury Re.10,000/- award ied by tk ie Trisunal towards pain and suffering ie om the lower' cide, therefore it at aE ner' can a Or Be Ane Oy ance this head, nt hae corternded thet he " Os 4 cep We: es eg og secesg singe doe a neetey 4 ' , Tha. BEATE 2Ve hens cs ia DOWe PR Eeeierescrt ovat the 4S i ~e all Ras C 09-45 pa lias been spent. Considering the same, thie 'rita ial nes awerded Rs.10,000/- inclusive =
of cor, peyore, nourishment and attendance Sere , SO herefore it does not call for enhancement. 7, The Tribunal hes not awarded any amourt towarie amenities because he has failed to examine the doctor with regard to the nature of injuries sustained by him. He has sustained fracture of spins of ecapula arid CT ES AIMEE HOM LOURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C La cerebral comeoussion, therefore f a sum of Ba, LO OOO) « 6 awarded tawarde ines of amenities and discomfort im Ife it woukl meet the ende of Justice. The main os grievance of the appellant is that on account, of injuries Sustained by him he could not cettend the duty" as:
Principal of Seshadri Memorial School, * The Tribunal disbeleving three motittha of lose of Jeave indicated in the salary certificate LE Fic P ace has awarded him Re 5,000) - towards lose op spesine a qurhg treatment perk stating that be ould require LS deys leave. The meore: ary of he, Jews tat cae whe has issued the salary certificate is not exe ned. mowever consideriang the mature of seit: ures Rs. &, 5 000/- awarded by the Tribunal towards leas of income during laid up peried : considers that be required 15 dave eave: is on the . a * al lower aide and it deserves to be enhanced by another 5,000). , accordingly I award Rs.10,000/- towards the same. Admittedly the appellant has continued in the same job and there is no loes of earring im his future income. The Tribunal was right in not awarding ANY aroount towarde lose of future income. Es"
eT wens Ae TUTE CAFE WW! UP RAKINALAKA HIGH COURT OF KARNATAKA HIGH C or &. Thus the compensation of Be .25,000 he awarded by the Tribunal is enhanced by another 'Ms - Poe 1000 fe with 6% p.a. interest on the from the date of petition till the date of sf payneni the entire compensation amount within: taro months from the date of receigt ofa "edgy ort ie award, ment. and: foward "paxeed ; y te Tribunal is modified. to 'the extent stated Pep ein above and no order as to cosin, Sd/-
Judge