Karnataka High Court
Sri. Nanjegowda S/O Late Marigowda vs The Oriental Insurance Company Ltd on 4 June, 2012
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY OF JUNE 2012
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
MFA NO. 2665/2011 (MV)
BETWEEN
1. SRI. NANJEGOWDA S/O LATE MARIGOWDA
AGED ABOUT 54 YEARS
R/AT C/O NARAYANASWAMY
NO 695, 2ND MAIN ROAD, HEBBAL
BANGALORE. ... APPELLANT
(BY SRI: NAGAIAH ADVOCATE FOR SRI R D PANCHAM,
ADVOCATES)
AND
1. THE ORIENTAL INSURANCE COMPANY LTD
REP BY ITS MANAGER,
REGIONAL OFFICE, NO 45/46, LEO
SHOPPING COMPLEX, M G ROAD
BANGALORE 560 001.
2. SMT J JAYAMMA W/O JAVAREGOWDA
NO 34/1A, JODIKRISHNAPURA
HASSAN TALUK
HAASAN DISTRICT. ... RESPONDENTS
(BY SRI: O MAHESH ADVOCATE FOR R, R2 SERVED)
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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 11.11.2010 PASSED
IN MVC NO.8176/2007 ON THE FILE OF THE I ADDITIONAL
SMALL CAUSE JUDGE AND MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.?
THIS MFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is by the claimant seeking enhancement of compensation of Rs.5,70,0350/- which has been awarded in MVC NO.8179/2007 on the file of I Additional Small Causes Judge and M.A.C.T Bangalore.
2. Though the learned counsel appearing for the claimant submitted to enhance the compensation under the heads 'Pain and Sufferings and 'Loss of Income during treatment period' and also 'Loss of Future Income'. But ultimately, he has confined his submission only for the enhancement under the head 'Loss of Future Income'. The injured was an Agriculturist, Business man and milk vendor and he was earning Rs.15,000/- per month. The Tribunal 3
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has considered, the income of the injured at Rs.10,000/- per annum which is without any basis.
3. Learned counsel appearing for the claimant submitted to consider the said income and award just compensation
4. Learned counsel appearing for the Insurance Company submitted that, though the cross-objections has not filed by the insurance company, this Court to consider while awarding just compensation and to deduct the compensation awarded under the head 'Future Attendant Charges' at Rs.2,00,000/- .
5. I have heard learned counsel appearing for both the parties.
6. This court consistently has taken the income of the injured though documents are not produced to prove the income at Rs.150/- per day. But in the instant case, since the tribunal awarded the sufficient compensation under the head 'Future Attendant Charges' at Rs.2,00,000/- and under 4
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the head 'Future Medical Expenses' Rs.1,00,000/-. I propose to take the income of the injured at Rs.3,000/- per month, in order to see that the injured should get just and reasonable compensation. Accordingly, the loss of future income would be Rs.3,000 x 12 x 13 x 50 / 100= Rs. 2,34,000/-. As per the evidence of the doctor the injured has suffered permanent disability of 75% to the particular limb and 3.75% to the whole body. I have considered that the case of amputation below knee has to be taken as 100% functional disability. However since, the compensation awarded under the heads Future medical expenses and future attendant charges is higher in side, I have taken the disability at 50%. In total of Rs.2,34,000/- awarded under the head 'Loss of future income' as against Rs.78,000/- awarded by the Tribunal. The compensation awarded under the other heads is confirmed.
Appeal is allowed in part accordingly.
Sd/-
JUDGE DP