N. Ganapathy Bhat Vs P.A. Mohammad and I.C.I.C.I. Lombard General Insurance Company Ltd.

Karnataka High Court 27 Jun 2013 Miscellaneous First Appeal No. 1410 of 2012 (MV) (2013) 06 KAR CK 0108
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Miscellaneous First Appeal No. 1410 of 2012 (MV)

Hon'ble Bench

N. Ananda, J

Advocates

O. Shivarama Bhat, for the Appellant; B.C. Shivanne Gowda, for R-2, for the Respondent

Final Decision

Partly Allowed

Judgement Text

Translate:

N. Ananda, J.@mdashThe matter is listed for orders. The lower court records are received. With the consent of learned counsel for parties, the matter is taken up for final disposal. I have heard Sri O. Shivarama Bhat, learned counsel for claimant and Sri B.C. Shivanne Gowda, learned counsel for Insurance Company.

2. The claimant had suffered following injuries:

(1) fracture shaft of (R) humerus.

(2) fracture dislocation of (R) hip.

(3) fracture mandible of (R) parasymphysis.

(4) fracture of nasal bone.

(5) fracture left maxilla.

3. The claimant was treated in Omega Hospital at Mangalore and Dhanvantari hospital at Puttur. The claimant was under prolonged treatment. His car was also completely damaged in the accident.

4. The claimant is a practicing advocate. He was aged about 43 years at the time of accident. The Tribunal assessed permanent physical disability at 18% and awarded compensation of Rs. 5,65,000/- under following heads.

5. On hearing learned counsel for parties, after going through evidence and impugned award, I am of considered opinion that compensation awarded towards loss of amenities, loss of earning capacity and future loss of earnings is inadequate. Therefore, claimant is entitled to compensation of Rs. 4,20,000/- (Rs. 10,000/- x 12 x 14 x 25) towards loss of future income and loss of earnings and compensation of Rs. 50,000/- towards loss of amenities. Thus claimant is entitled to additional compensation of Rs. 1,67,600/-.

In the result, I pass the following:

ORDER

The appeal is accepted in part. The impugned award is modified.

Compensation of Rs. 6,65,000/- awarded by the Tribunal is enhanced to Rs. 8,32,600/-. The interest on enhanced compensation for delayed period of 83 days is disallowed.

The rest of the impugned award is confirmed.

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