Basavanna Vs G N Chandrashekara

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.06.2016 PASSED IN MVC NO.132/2010 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE AND MEMBER,MACT, CHAMARAJANAGARA, SITTING AT KOLLEGAL, PARTLY ALLOWING THE CLAIM

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2 - NC: 2025:KHC:34967 MFA No. 7976 of 2016

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HC-KAR

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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Learned counsel for both sides are present.

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Heard the arguments.

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This appeal is filed against the judgment and award dated 07.06.2016 passed by the Additional District and Sessions Judge and Member of MACT, Chamarajanagar, sitting at Kollegala, in MVC No. 132 of 2010.

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The injured claimant filed a claim application claiming compensation of Rs.8,15,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.2,35,040/- with interest at the rate of 6 percent per annum.

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Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that the Tribunal erred in assessing the income of the claimant as

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3 - NC: 2025:KHC:34967 MFA No. 7976 of 2016

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HC-KAR

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Rs.6,000/- per month. He was an agriculturist and doing masonry work in the year 2010, earning Rs.500 per day. It is further contended that the amount granted under head ‘pain and suffering’ is meager, so also the amount granted for the ‘loss of future amenities’ is meagre and sought to be enhanced. The movement of the claimant is restricted and his left leg shortened by 2.5 centimeters. Therefore, requested for enhancement of the compensation.

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As per the medical evidence at Exhibit P4, the

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claimant has sustained the following injuries:

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There was bending and swelling in the left leg of the petitioner.

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Fracture of both tibia and fibula bones.

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Out of these injuries, the second injury is grievous in nature. Therefore, considering the arguments of the learned counsel, this Court finds it reasonable to enhance the compensation under the head ‘pain and suffering’ to Rs.40,000/- and ‘loss of future amenities’ to Rs.30,000/-. The amounts granted by the Tribunal on all other heads stands good. Thus, in all, the claimant is entitled for the

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4 - NC: 2025:KHC:34967 MFA No. 7976 of 2016

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HC-KAR

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compensation of Rs.2,65,040/- with interest at 6% per annum

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as against Rs.2,35,040/- awarded by the Tribunal.

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The award of compensation passed by the Tribunal is

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modified as under:

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Heads	Amount in Rs.
1. Expenses relating to treatment and hospitalization and medicines	14,000/-
2. Attendant charges Nourishment and diet food	15,000/-
3. Loss of earning during the period of treatment	18,000/-
4. Pain and Suffering	40,000/-
5. Conveyance charges	10,000/-
6. Loss of future earning on account of permanent disability	1,31,040/-
7. Future medical expenses	7,000/-
8.Loss of future amenities	30,000/-
Total	2,65,040/- Rounded of to 2,65,000/-

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5 -

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NC: 2025:KHC:34967 MFA No. 7976 of 2016

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HC-KAR

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In the result, the following order is passed:

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(i) Appeal is allowed in part.

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(ii) The Claimant is entitled for the total compensation of Rs.2,65,000/- with interest at 6 percent per annum from the date of petition till the date of realization.

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(iii) Respondent No.2-Insurance company is directed to deposit the aforesaid compensation within one month from the date of receipt of copy of this order.

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(iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it.

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Sd/(P SREE SUDHA) JUDGE

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CS

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List No.: 1 Sl No.: 66

Basavanna v. G N Chandrashekara

Case brief

What is this about?

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Basavanna v. G N Chandrashekara

Case brief

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