Smt.Savita Manjunath Nelvagi vs Ajay Devaji Bhatia, on 24 September, 2012

[Cites 1, Cited by 3]

Karnataka High Court

Smt.Savita Manjunath Nelvagi vs Ajay Devaji Bhatia, on 24 September, 2012

Bench: Ashok B. Hinchigeri

                               1




              IN THE HIGH COURT OF KARNATAKA
                 CIRCUIT BENCH AT DHARWAD

       DATED THIS THE 24TH DAY OF SEPTEMBER, 2012

                            BEFORE

       THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

                 M.F.A.No.20433 OF 2010 (MV)

BETWEEN:

Smt.Savita Manjunath Nelvagi,
Age: 38 years,
Occ: Household and
Tailoring (Now nil)
R/o.Plot No.10,
Syndicate Colony,
Ganeshpur, Belgam,
Dist.Belgaum.                                  ... Appellant
               (By Sri Lokesh Malavalli, Advocate)

AND:

1.    Ajay Devaji Bhatia,
Aged Major,
Occ: Business,
R/o.1415, Girihar Hill,
Hindwadi, Belgaum.

2.     The Branch Manager,
New India Assurance Co.Ltd.,
By its Branch and Divisional
Office at Club Road,
Belgaum.                                       ... Respondents
         (Sri Ravindra Mane, Advocate for R2: R1 served)

     This MFA is filed under Section 173(1) of MV Act, against
the judgment and award dated 20.10.2009, passed in MVC
                                 2




No.994/2006 on the file of the Presiding Officer, Fast Track Court
-I and Member Addl. MACT, Belgaum, partly allowing the claim
petition for compensation and seeking enhancement of
compensation, etc.,

      This MFA is coming on for admission, this day, the Court
delivered the following:

                          JUDGMENT

This is the claimant's appeal for enhancement. The Presiding Officer, Fast Track Court -I and Addl. MACT, Belgaum by its judgment, dated 20.10.2009 passed in MVC No.994/2006 has awarded the global compensation of `20,000/- for the fracture of Collies sustained by the appellant in the road traffic accident on 15.12.2005.

2. On hearing the learned advocates, I find that the appellant's entitlement would be around `20,000/- towards pain and suffering, as it is not in dispute that the appellant has sustained one grievous injury besides some minor injuries. Taking her income as `3,000/- per month from the tailoring work and the laid up period as one month, I deem it necessary to award a sum of `3,000/- towards the loss of income during the laid up period. Towards the conveyance, nourishment, diet, etc. 3 I award a sum of `3,000/-. The medical bills produced by the appellant are disbelieved to a great extent by the Tribunal and perhaps for the right reasons. Going by the nature of injuries, it is safe to presume that the appellant has incurred an expenditure of `4,000/- towards the medical expenditure. I award a sum of `10,000/- towards the loss of amenities, as the appellant has to put up with a number of inconveniences, more so as she does the tailoring work, which involves the frequent use of the wrist. In all, I award the compensation of `40,000/-. The amounts awarded hereinabove shall also carry interest at the rate of 6% p.a. from the date of petition till the date of payment.

3. This appeal is accordingly allowed. No order as to costs.

Sd/-

JUDGE Cm/-

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