Karnataka High Court
New India Assurance Co.Ltd vs Balu S/O Hutachappa on 8 July, 2011
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
IN THE HIGH COURT OF KARNATAKA. cIRCUTT BENCH AT GULBARGA DATED THIS THE 8 DAY OF JULY, 2014 Before _ THE HON'BLE MR JUSTICE HULUV Avi G RAMESH. MISCELLANEOUS F IRS APPEAL NC. 304 149 of 2009 Chw MISCELLA NEOUS FIRST APPEA i NOs. 30447, 30448 and 30450 of 2009 7 Between: New india Assurance-( Co, Lia. Raichur, _-- a By its Branch Manager. ne, ...Common : Be appellant (By Sri. Veeresh B.Paiil, Adv). Amd: Balu S/o Huichappa, Age: about 30 years, Occ: Ex, Hamali, Rio Kallur, Tg: Many Lo Dist: Paichnr. Coe ...fespondent in _ as : MEA 30449/09 Harish S/o Somalia gappa, - Age: about 27 years, Occ: Ex Hamal, Rye. Kallur, Tq: Manvi, | Dist: Raicher. ...fespondent in Ce MPA 30447/09 Thippayya, S/o Thipperudrappa, Oct: Ex: Hamali, Age: 35 years, 7 ~..Rfo Kallur Grama Panchayath, Pq: Manvi. Dist: Raichur. ... respondent in ye MPA 30448/09 Siddarangayva S/o 'Hanumanthayya Age: about 36 vears, Occ: Ex. Hamali, -R/o Kallur, Tq: "Manivi, : Se lS Dist: Raichur, oe -fespontioniin | | MFA 30450/09° Smt, nt Jayaninia Wio Gopal; oo Age: Major, Occ: Owner of the vehicle, Rio 2™ Cross, 3! Main, - K.N-Extension Yashwanthpur, s _ we Bangalore. BO ...Common i respondent These MPAs are filed under. s. 306 1) of Wwe "Act against - the Judgment and Award dated 2.12.2008 passed j in W.C.Nos. 570 to 5373/2007, on the file of the Court-af the Conmnissioner for. Workmen: Compensation, at 'Raichur, partly . allowing "the claim peiitions for. compensation and awarding compensatic ion. with interest, at 12% p. a. after 30 days from the date of order. * These First. Appeals coming on for Orders this day, the Court delivered the following: OS . JUDGMENT
| These 'appeals. have been filed by the Insurance Company . challenging the liability and also the assessment of fimctional disability, oD, Claimants are the injured who filed claim petitions before the Commissioner for Workmen's Compensation, Raichur in Case "-.Nos.570 to 573 of 2007. Claimants were travelling as Hamals in the vehicle dearing No.KA.OL 7995. Around 8.00 a.m., due to the Ye : negligence of the driver of the lorry, the vehicle in which the claimants were travelling dashed to the lorry coming "from "the opposite direction on NH 4 near Kallugunti village. In that, claimanis . have sustained injuries and they were treated at Government Primary Health Center at Kallugcunti and thereafter, they have taken treatment | in a private hospital. A case is also registered in: Crime No. 167/2004 of Chitradurga Rural Police Station, The Commissioner. after enquiry, has awarded the following compensation. Case No. ~ Se o : Amount awarded STOR007 RS 8a 5712007 SS RGD. S03/ STY2007 ROT ABST S73/2007. RBS.
3th case No.570/2008, in MFA No.30450/2009 claimant . 'Sidderangaiah Fs said to have sustained as many as four myuries -
"fracture of Eoth the bones of forearm and also fracture of ankle and also fracture of 5, 6", 7 and 8" ribs. The functional disability is " agsessed at 60% to the whole body. Compensation awarded is we Rs.} 84, A48/-. The assessment of disability at 60% is shown to be little on the higher side. Hence, it is reduced to Rs. 1,80,000/-. oe
4. In Case No.571/2009 in MFA No. 30447/2009. claimant . Harish is said to have Sustained four injuries, ont of which, ther re are three grievous injuries ie, abrasion. arid fracture of i2 and. L3 and eo fracture of the middle 1/3" of the ¢ lavicle 'arid fractive of the lateral condyle of the right tibia. The ompersation, awarded assessing functional disability at 60% at 'Rs.2 01,502 is Tittle on the higher side. Hence, the saiie is reduced to Re, 195,000).
5. In cay Nasi S72 12007 MEA NO, 30449/2009, claimant Babu is said to have sustai ined four injur ies sand also fracture of 2", 3 and 4 metatarsal bone and es and also fracture of femur. As per the doctors opinion he has sustained 60% disability, This disability is
- shown t te be on te higher side. Hence, compensation is reduced to Rs 1,80,000/-.
- 6. in case No.573/2007 in MFA No.30448/2009, Thippaiah is ~ said io have sustained as many as four injuries. He is said to have sustained fracture of L3. LA vertebra, fracture of humerus bone and ye fracture of left tibia and three grievous injuries. The disability assessed at 55% is shown to be on the higher side. Hence, cuanten) of compensation is reduced to Rs. 1,60,000/- from Rs. 1 7] I85/-. : 8
7. So far as fastening of the lability is concerned, the vehicle in'. question is a heavy eoods vehicle. AS per Section 147 of the Motor Vehicles Act, 1988, rv Rule 100 of the Karnataka Motor Vehicles Rules, there is coverage of ingurance covering - seven persons. As such, rightly the lability: is fastened on the fnsurance Company.
8. Appeals filed by fie insurance company are allowed in part, reducing the amount of compensation awarded as indicated above. The amount in deposit. be transferred to the Commissioner for Workmen's Compensation for disbursement. Ae per the modified award, remaining amount be refunded to _ the nsurance.Company.
Sd/-
JUDG E Ap/-