Karnataka High Court
Sri Chikka Venkatappa S/O ... vs Sri M Kannan S/O Munuswamy on 29 August, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THES THE 29° DAY OF AUGUST 2011
BEFORE
THE HON'BLE MR.JUSTICE SUBHASH B.ADI ; 7 mo
MISCELLANEOUS FIRST APPEAL NO.2071/2011
BETWEEN:
SriChikka Venkatappa
Aged about 44 years
S/o Venkataramanappa .
Resident of Karasamangala Village ~~.
Nangali Post -- 5638 132 a
Mulbagal Taluk
Kolar District.
» APPELLANT
(By Sri.N.S.Sheshadri & Sri. V Vinod Reddy. Advs.]
AND:
I. Sri. MeKarninan
Major. S/o Muneswaniy
No.52-B/7, Durugam Road ~
Kallarurichi, Vilhipuram. District
Tamil Nadu - 605202. .
2. The Oriental insurance Co. Ltd.,
"Regional Office, No.44/45
Lea Shopping Complex
Residency: Road
"Bangalore 560 625.
{By Sri M.S.Sitram. Adv. for R-2:
" Notice tolR-2 is served)
.. RESPONDENTS
. _ This MLPA. is filed under Section 173(1}) of MV Act against
the. fodgment and award dated 22.9.2010 passed in MVC
_ No. 8546/2009 on the file of The 14 Additional Judge. Court of
_ Small Causes, Menmiber, MACT. Bangalore City. 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: a
JUDGMENT
There is a delav of G4 days in filing the anpedi. Cause shown is accepted. Delay condoned.
2. This is claimant's appeal seeking enhancement. of,
2. This is claimant's appeal seeking enmancement of COTMPDE I Set fOr),
3. The Tribunal. nas awarded compensation of Rs.2,.80,185/- with interest. oo Unsatistic foowith the same, claimant is before this Court.' 4, Claimant had su iered three fe actures viz..
(L} fracture oF ieft fener witht butterfly fragment:
(2) Left acetabulurn fracture; (3) Peluic fracture...
He was treated as inpatient from 25.3,.2009 to 25.4.2009. He underwent operation for open reduction and internal fixation of plate and "screw. to the fracture of superior and inferior pubic rami 6n b7.4.2009 and discharged on 25.4.2009. Doctor has "assessed the disability at 50% to the left lower limb and 25% to the whole body. however, Tribunal has taken 15% disability and ipeome at Rs.4,500/- per month and calewation the 'compensation as under: aay Loss of future income due to disability Rs.1,00.800 /- Loss of earning during laid up period Rs, 10,000/- Pain and suffering Rs. 50,000/-
Loss of amenities Rs. 30,000/- | Medical expenses Rs. 64,385/-. ~.
Food & nourishment Rs, 10,0G0/>.~.
Travelling & sundry expenses Rs. 18,000/- os TOTAL Rs. 2,80.185/-
lt is not in dispute that the claimant was a driver and Tribunal has accepted the evidence of the pactor. of 50% disability is taken to the limb. at least proportional disability to the whole body should have bees taker, nny opinion, at least 20% disability should have. been lake en ie ah against the avocation of the claimant. * ~ _becordinaly, : 'cleimant is entitled for Rs. 1.51, 200/- (Rs. .800/- 12x14) as against Rs_1,00,800/- Le., addition! Rs.56,400/ - jowards | "Joss of future imcome. Additional Rs.10,000/- towards loss of income during laid up period:. towards incidental! expenditure, additional Rs, 10,000/-.
AES ordindiv, _ the appeal is partly allowed. In all, claimant is > enititied foc Rs.70,400/ - over and above the compensation © _ vaweurdéd. by the Tribunal with interest:
"KNM/-: