High Court Karnataka High Court

G Rajendran vs Oriental Insurance Co Ltd on 26 May, 2008

Karnataka High Court
G Rajendran vs Oriental Insurance Co Ltd on 26 May, 2008
Author: Ashok B.Hinchigeri
   Baflga10m_

IN THE HIGH COURT OF KARNATAKA AT 3ANGA1,;j§}z?.s: .    _

DATED THIS THE 25TH DAY OF MAY. 2993 V 
BEFORE V %' " L

THE HOIWBLE MR. JUSTICE A31j0KH1NCHVz<;-Eftél Q'  

M.F.A.No.7526/2dO5:&_'(M_v) V

Sri G. Rajendran, " _ .
S/0 Late Govinda Swamy', V   - 
Aged 44 years,    .»
R/a No.U-53, 315 Cross,  ~ '
Swathantranagar, ii  "
Srirampura, Banga1mfe:~ 5;.

. MAPPEUEWW
    Advocate]
AND:  %% M A 5 

1.  ~ V. ¢_O1ie:;iia.1 1p'sz;;~ance'''c«_:...__1;.;d.,
" ._ D.Q.VE "E$r§;ni¢a$a Mansions",
  103: E Main Road,
315 3":319¢i§, Js;ya1:iagar,
V  My 
' " By its__Managefr.

 Psfls N.T.vE:aha1nathuI1a Khan,
« ' V.'R/'a'Trs;;. 13/11,
  Road,
. .--Shga13karapuram,
. . . RESPONDENTS

[By Sri S.V. Hcgdc Mulkhand. Advocate for R1]

 



This}!/{FA isfiIcdundcrSectio11 173(1) ofMVActagainstthc
judflnt and award, dt.15.3.2005 passed in MVC No.5839]'.?:0O4
on that file of the Judge, Court of Smafi Causes 6: 

Bangalore, (SC-CI-I-9), partly allowing the claim ~ V.

compensation as seeking enhancement of compensation. . 

the following:
- 

This MFA is coming on for hearing day, .4 0′ A 0.

This appeal is dune-‘ ted again’ ,

dt.15.03.2005 passed by mg mi MVC
No.S839[2004. 0′ 0 V’

2. The mic: bus hit the
motorcycle, which; 01.08.2004. On
account of this fracture of right
humomus, over right knee. It is the
case ofthc ycars ofage at the time ofthc
a tailor and tint he used to ma:

‘-» at __

3. the oral and docuwmry cm

— the awarded at global compensation amount of

AV’ Its break-up is as follows:

‘ f3?E}€.

tabulations for the lest of his fife, I feel it just and

award Rs.15,000[- tawanis the loss of

6. It is also not in dispute that he was an S u

days. What folluws from this is that he mlizst ta…

couple of weeks thereafter. – I therefore

Rs.3,000[- ttswards the has ofineome the It
has came on record that he
and that on every visit of his,
fare of 123.100 to Rs. 150; to await! a
modest sum of charges. To
make a to take the food,
which would I themfome deem it
necessary _v sum of Rs.2,000/- towmvds
‘ ~ …..

. to accept the submission made on

cf that based on the med1ca1′ balls’ under

_ the is entitled to a sum of Rs.3-4,439]-, h” two

the receipts under Ex.P.’7 are not marked at an

2 2 ‘ esflthe ‘I’rib1ma1 has rightly noticed, the doctors who have

HEQH.

p1escn’% the medicine pu1poI1r:d to have been purchased by_.._the

appcllmt, are not cxa:m’n1ed at all. Then: is nothing on

show that the medicines under Ex.P.7 are at least .

attend to the problems 111′ 112′ md upon the appefimt ‘A ” V

in question. I thexefole oonfinn the of 11.’

Tribunal towards the medical

8. In the result, I allow the
amounts awarded by the _ ‘4 ‘ _ ‘ certain
amounts towards the foflewing s E

i} Loss of ‘V

ii) V1:<.; :1; _

i'n3 at Rs 2.000430

iv) Loss ommmg

laidfsp Rs. 3,000-00

– Rs.22,00(}~O0

19-. j’s1x1x§g.*’.;:~£1*Rs.22,ooo/- is awamea in addmon’ ‘ to the

TV ef..Rs.f_?G,¢§Gd/- by the ‘I’r£bunal. As I find that the rate of

not awarded by the ‘I’xibunal is proper. I awmtl

V rate of % on the amounts being wanted herein

of institution of the petition till the date of payment

RE?-I.

10. The ofioc is directed to dump the modified

terms of this order.

1 1. This appeal is allowed in parflo oId”i:r.__;as ‘ ‘ V .

bvr