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High CourtsSingle Bench(2011) 02 KAR CK 0070

Kempamma vs M.S. Jayalakshmi Arakere and The National Insurance Company Ltd.

Karnataka High Court · Decided on 14 February 2011

HON’BLE JUDGES
N. Ananda, J
RESULT
Dismissed
CASE NUMBER
M.F.A. No. 3324 of 2010
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Judgment

14 paragraphs · 379 words

N. Ananda, J.—The matter is listed for admission. Lower Court Records are received. With the consent of learned Counsel for parties, the matter is taken up for final disposal.

3.

I have heard Sri. H.R. Renukaradhya for M/s. P. Nataraju and Associates, learned Counsel for claimant and Sri. Shivaraj Patil, learned Counsel for insurance company.

4.

As a result of accident, the left foot involving 4th and 5th toes was completely crushed and the 4th and 5th left toes were subsequently amputed. The claimant was aged about 30 years at the time of accident. She was working as a maid servant. The Tribunal has awarded compensation of Rs. 71,700/- under following heads:

I Pain and suffering - Rs. 20,000 II Medical expenses, Attendant charges. Nutritious food and conveyance charges - Rs. 10,000 III Loss of income during medical treatment Period for 40 days - Rs. 4,500 IV Towards permanent disability at 15% - Rs. 37,200 Total - Rs. 71,700

5.

On hearing the learned Counsels and after going through evidence and the impugned judgment, I find that compensation awarded by the Tribunal towards ''loss of earning during laid up period'' is inadequate; so also, towards loss of earning capacity and future loss of earnings'' The Tribunal has not awarded any compensation towards ''loss of amenities''. Therefore, compensation awarded by the Tribunal is modified as follows:

I Pain and suffering - Rs. 25,000 II Medical expenses - Rs. 10,000 III Loss of earning during laidup period (Rs. 2,000 x 4) - Rs. 8,000 IV Loss of earning capacity and Future loss of earnings - Rs. 81,600 (2,000 x 12 x 17 x 20) V Loss of amenities and enjoyment of life - Rs. 25,000 Total - Rs. 1,49,600 Rounded off to - Rs. 1,50,000

Thus, claimant is entitled to total compensation of Rs. 1,50,000/-

6.

In the result, I pass the following:

ORDER

(i) Appeal is accepted in part.

(ii) The impugned award is modified by enhancing compensation of Rs. 71,700/- awarded by tribunal to Rs. 1,50,000/-.

(iii) The rest of the award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed.

(iv) The payment and investment shall be in the ratio evolved by the tribunal.

Parties to bear their costs.