Karnataka High Court
Tenali Ramakrishnappa vs United India Insurance Co. Ltd on 18 July, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi.G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR.JUSTICE HULUVADI.G.RAMESH
MISCELLANEOUS FIRST APPEAL NO.11764 OF 2011(MV)
BETWEEN :
TENALI RAMAKRISHNAPPA
36 YEARS, S/O B BETTEGOWDA
R/AT NO.140, GUJJAPPA GARDEN
BEHIND CES SCHOOL, JARAGANAHALLI
J P NAGAR POST, BENAGALURU-78 ...APPELLANT
(By Sri. GIRIMALLAIAH, ADV)
AND :
1 UNITED INDIA INSURANCE CO. LTD
CHICKPET BRANCH, LAKSHMI COMPLEX
OPP VANI VILAS HOSPITAL, FORT
BENGALURU-560002 , BY ITS MANAGER
2 THE MANAGING DIRECTOR
B M T C, KH ROAD, SHANTHINAGAR
BENGALURU-560027 ...RESPONDENTS
(By Sri. PUTTIGE R RAMESH, ADV FOR R1 &
Sri. K NAGARAJ, ADV FOR R2)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 19.10.2011 PASSED IN MVC NO.1860/2010 BY
XI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND
MACT, BANGALORE, SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is by the claimant, seeking enhancement of compensation, as against the award passed by the XI Addl. Judge & MACT, Bangalore in MVC No.1860/2010.
2. The claimant has sustained injuries in the accident occurred on 28.2.2010 around 10.15 p.m. while he was driving his autorickshaw bearing No.KA05 C 3352 near 4th Block, Jayanagar, wherein a BMTC bus bearing No.KA01 FA 1637 came in a rash and negligent manner and dashed to the claimant, due to which, the autorickshaw turned turtle and claimant sustained grievous injuries. 3 He was treated at Sanjay Gandhi Hospital. The Tribunal, after enquiry, having held that accident was due to the negligence of the driver of the BMTC bus in question, has awarded a total compensation of Rs.1,02,520/- with 6% interest. Being not satisfied, this appeal is filed.
3. Heard.
4. Claimant has suffered dislocation and fracture of the right fore arm. He has been awarded compensation on the following heads:
Pain and Suffering Rs. 20,000/- Loss of income during treatment Rs. 12,000/- Medical expenses Rs. 13,800/- Loss of future earning Rs. 30,720/- Loss of amenities Rs. 10,000/- Attendant charges, conveyance etc. Rs. 5,000/- Future medication Rs. 11,000/-
5. Having regard to the age of the claimant, he would be entitled for another Rs.20,000/- towards loss of future earning due to 4 disability and another Rs.5,000/- towards loss of earning during the period of treatment and rest. Thus, he would be entitled for Rs.25,000/-, over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months.
Appeal is allowed in part.
Sd/-
JUDGE Bkp