III THE man COURT or mmgrug ~.
cmcurr BENCH AT V “7
DATED THIS ms 1913 DAY 0F”FE3_fiHAfi’§f;:’
smvfoRm “,__ Q
ma I-rorrnm ma. 3.3.
_
BETWEEN:
D/0 Shrishai1a K1i;fmbm’ ”
Aged about f£:6’_v<é_a1Es–';-_ ' . »
Occ: Studen!:__ -f__
R/0 13, Pa"i:Il, 'N6; 104
Ashok Hagar, Beigéruejccs, "
* " = ' …APPELLANT
(By M. Bhafigfind, Advocatn)
A1~m ;
_, N66 an
‘ 0 Dadizsaii, Age: Major
Circe: Baaiaaess, R/0 Godachi
Tq: .Ra:_11dmg, Dist. Belgaum
Tim Divisional Manager
. V’ The New India Aasurancra Co. Ltd.,
Club Road, Bclgaum, Ashok Nagar
.. 5 Nippani Divisional Ofice
Ramdcv Galli, Bclgaum
RESPONEENTS
(By Sri. P. H. Pawar, Atggocatc for R2)
for all the said reasons, the compensation requires be
enhanced .
4. The leamed counsel for tye V.
ssought to justify the award passegi A he
teamed counsel for the xespcufldent :’ 13;g{:: ‘ t
perusal of the judgement would has
noticed the evidence :« Hen an the
conventional heads, the granted and as
such, the nofcalil fair ifiterfereaee.
5.E’:’.I1′ the of been contended, perusal of
papers woultitlae claimant had produced hospital
injuzies sufiered and the treatment
‘*Ifi0spitaL Ramadmg and aiso Ganga Suxfical
Hdsgiital, .« The medical certificates including the
and disability certificates were produced and
V’ as Ex.P-6 ti) P» 14. The said documents akin inclutied
‘ the eehooi certificates issued by the school. Insofiar as the
.4 of the injuries sufiered, the treatzaent undergone and
the disabiiity due to the said injuries, the doctor who was
t
5
o
MFA F’1LED U/3.173(1) OF MV ACT
JUDGMENT AND AWARE) DATED 05/O7/20GS”~w.PZ-‘s$SED ‘in
we N0.1550/2002 on THE FILE.-O’?-.TH1?} I1; A:>:>L.._c1v:s.L
JUD(3’rE(SR. DN) & ADDL. _..BELGAu’M,’*<PAR:r1.,*{
ALLOWING THE CLAIM PE'rmoN FOR'–COMP§3NSAT!Oi\f"ANf3_
SEEKING ENHANCEMENT oF.CQ_MPE'N.sAT1ore;V "'
THIS APPEAL COMING o~..%m dténéiés mrs DAY,
THE COURT DELIVEREB {ma AFGL!.}§0W'Il§G:
' The claimgntl Court seeking
enhancement of sum awarded in
MVC Ncg;’iééo7Vé¥<3ogf'§,"'V'
2. for the parties and perused
the A:
V V’ “3. of the injmics sufiércd by the claimant in
oocurmd on 24.02.2002, the Txibunal has
“aWa1dec3 compensation of Rs.89,0DO/-. While seeking
‘~}éi§1;hii;cemcat of the compensation, the learned counsel for the
would contend that, apart finm the fact that the
*.cc’>znpe3:zsation awarded under the heads as granted by the
Tnlbunal being on the lower side, the Txibunal has not properly
considered the disability as stated by the doctor and as such
4
r-
in my View a sum of Rs.10,000/– would be
addition to the sum, the compensation theu ‘ L.
head ‘pain and sufiexing’, noticixig ‘ivteixzler Si;-£131?
claimant is on the lower side a’.ng1 as such. a’ of.
Rs.15,000/—- is awarded. maniagc
prospectus, coI1sidexi:ig:««.._..};he >”e:£ieability and the
shortening of limb fa’; further sum of
Rs.I0,000,’~– medical expenses,
it is noticed diggaiiowcd certain portion of
the to the hills, which had
been ‘ “izo the expenses that would be
insane V as ti,e7- :;u’12s,°§vhcn there is hospitahza’ tion and
.,it”e~¢;Aa;1notAv”Be«vruled out that there wouki be some
for which the claimants may not be able to
therefore incidental expenses as enhancement
‘en the head, a sum of Rs.10,000/~– is awarded.
V’ 6:. Therefore, the claimant in ail is entitled to the
VT compensation cf Rs.45,0()0[ – with interest at 6% pa
” ” flow the date of the petition till realization. The enhanced
amount along with interest shall be deposited by the Insurance
17
‘”1
COIIIPBHY Within’ ‘ a Pfitriod of 6 weeks fmm the date of c7¢f’ ‘
copy a’ this order. On deposit, the said’ 4′
disbursed to the claimnt.
In terms of flit’) above, appeal stands’ d£ _
No order as tocosts.
gab*