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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1 11" DAY OF DECEMBER, 2009
*PRESENT*
THE I-ION'BLE MR. JUSTICE N. K. PA'IfVl"'L'_4:"'._V'
AND _
THE HON'BLE MR. JUSTICE B.sREENIv*)§;sh:eaGoi)v*V9%TA%"e
M.F.A. No. 5809 aa§f%j2ooo5a{MV}TTee[ T n
BETWEEN:
Sri. Abidulla Baig,
S/o. Rafiulla Baig, VA _
Age : 21 years,' Qbr: 2 Nil, V
R/o. Bhakshi Gafden;e._.7 ,
Pheer Bou_r1dary,.. C ot.toI1pet," V 1, .
Bangalore "B560 . _ '
. . V API3e11ant
[By Srxatf'SuVnif,TTa':_}3, i*~I Suresh M Lathur, Adv.)
Ao_m3_: T
Sn. "V, Kriahfiamurthy,
/0.' _ Venkataswamy,
A' -R'/.9". NM427, 12:11 Main Road,
15tB3o}f:k, Raj ajinagar,
Bangalore M 10.
Tiie Divisional Manager,
" United India Insurance Co. Ltd,
Do.No.4, No.19--19/1, South End Road,
181 Floor, Basavanagudi,
Bangalore. -- 4.
{U
Respondents
(By Sri. K. Suresh, Adv. for R2,
R1 notice dispensed with V/O dated
This MFA is filed U /s. 173(1) of
Judgment and award dated passed in MVCT
No.139l / 2004 on the file of the VlI~A.ddl,. Judge,:”-Mer_nber”‘–
MAC’?-3, Court of Small Caus_ee,V_ Metriopolirtaxa”Area,
Bangalore (SCCH–3), partly allowing the (l1’lain1.._,}§?eti3tion for
compensation and seeking enha.ncement 10f’.=co”mpensation.
This appeal comingfon’admission, this day,
N. K. Patil J, delivered’the:foElo,wi11gr_>” _
2. llap.peal.lVlis–Jdirvectedlllagainst the Judgment and
awardldatled 13.o2_2.oesr11passed111 MVC No.1391/2004 on
the;fi’le_of Add}: Judge, Member MACT~3, Court of
Metropolitan Area, Bangalore [SCCH~3]
.{hereiiiafteriijeferred to as ‘the Tribunal’ for brevity).
ribunal by its judgment and award, awarded a
it ‘rsurn of .Rs.58,750/»~ with interest at 6% pa. from the date
petition till the date of payment as against the claim of
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the appellant for Rs.5,00,000/~ on account of the injuries
sustained in the road traffic accident that occurred on
14.12.2003)0n the ground that the eompensationpplainrarded
by the Tribunal is inadequate.
4. We have heard the learned Counsel it
both sides.
5. Learned Counsel appeajrlinpg for thelatter due
deliberation in the ‘”1n_attei”,l”‘ subrnitted th’a’t'”if a global
compensation of Rs.17,€)l)Q/573s with interest at
6% p.a. from thpe:p1’date_ of pletition1_til1h__the date of payment it
would meet vtlir: ustice.
6. In of submission made above and taking
into’consideratiolnmthe nature of injuries sustained in the
” duration of treatment, the appeal is
dis.pos_ed .off,Alawarding a sum of Rs.17,000/– with interest
at 65/é:..-:p.a. from the date of petition till the date of
it ‘-Appayfrlent, in addition to what has been awarded by the
” “‘l’ribu}:1a1.
4/
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The Insurance Company is directed to deposit the
enhanced amount with interest within four weeks froni1 the
date of receipt of a copy of this judgment.
The enhanced amount with 2 ‘
released in favour of the appe}1Van.tt ”
deposit of such amount by theirzsurance
Office to draw awa.rd ac§cordin~gi3I.”‘~r _
Vb/~