Sharanamma W/O Basavaraj … vs The Divisional Manager on 6 August, 2008

T136: Divisiofim Mgiiager;

» "1"h:; iv India. A $Sura11cc Co.Ltd. ,
2 ._ * S&':ngame$i1wgar Nagar, N.V.Layout,
' '  _   "=.AS4.B:.Tempie.Road,
 Gtiibargafi-585 103. .. RESPONDENT

 11_fB,y> S1;i..HR;Jayaprakash & S1'i.Shivanez1d Patj1,Advi{5-,2

IN THE) HIGH comm' 01? KARNA'I'AKA 
cmcurr BENCH AT GULBAR(}:.A._ 'V" 
BEFORE    %    _
THE I-ION'BLE MR.  
DATED THIS THE 6.T34_DAvfl"AUdfiSfT 2'O€)'1'§ 'v  k
M.F.A.    
BETWEEN:   _   

Sh a,_     ~-
W/o.Basav_a:.  ' 'V '

Age: 22 years,

Occ: Coolie, V T. .V V1; ":1:  

R/0.1'-'1ot No.22'f_,  'G'e.:lo_;'137,  

Jewargi Road,  . --  
C}uibarga-585 103.4 -   . 'APPELLANT

(By   Adv.)

Amnzv

'j.f'.1_1"e'New Iziciia Afisutjaiicc Co.Ltc1.,
Through its Divisional Manager,

V

 



2

This MFA is filed u/S. 173(1) of MV Act against the
judgment and award dt.23~5~2006 passed in MVC
No-.131/O4 on the file of the I Add]. Civil Judge (S__r.I)n.),
Member, MACT-VI, Gulbarga, partly ailowizlgvtheekaim
petition for compensation and seekring enhaxxoeztieiit of
conflpfinsation   I 'A v 

This MFA coming on for hearirg»   ' 

Court delivered the following:-j   .

This    judment and
award   by the MACT--VI,
    judgment and award, the

  compensation of Rs.36,600/--

 V'  ., v$fifh2,interest at 5%' 13.3..

3  - %   the facts are as follows:--

eppeflant sustained injuries in the accident

 n that  on 29~3~2003. She claimed compensation

 Rs.3,05,000/». The 'I'ribuna1 has awarded

 compensation of Rs.36,600/ - with interest at 6% 1.3.2..

L./

 



4. Aggieved by that, the appellant has

filed this appeal.

5. The learned counsel for .,   

contended that the compensatio-fig 3  the '

Tribunal under thefi1tj11'eVVeaH1V;I1i11gs and
loss of  therefore, it
needs    :::di§§¢--....§ubmitted that the
appeflani disability of 20%, in
  inspite of that, the
mbmiaxdhas  at 3%, which is totany

i1;g;erx'ect efid flflereibm, it needs to be modified. He also

'V  ' the appellant is an young gr} of 22 year

 _ did __  marriage prospects are affected and

tfieref'e.re,""V'tI1e amount of Rs.2,000/-- awarded under the

k/,.

V' " headydof loss of amenities/\ is 'totally incorrect and

7:therefore, it needs to be modified.

L/

 



 L'  loss of amenitiesib

body. In spite of that the Tribunal has  the
Mae: V '  s  

disability at 8% which is/kins rreci. Therafgifo'-'.,; frxy

lg'.../'

considered view, it is just  prom: fie:   

disability at 20%. Accordi13,g1y§--   is 1   "

appeliant was aged 22 jfeaijs    >

Therefore, the     If the
disability is Ataken     income of the
appellans   per annum and
mulfipliérz V  V  2  jsiien, the compensation
payz;£ble.'V  105$ sf future earnings comes to
Rs.5~4A{,'0£):0 ,1 ~.'  it is awarded.

   has awarded a sum of

The appellant is
V.

.'  and she has suffezwed injuries to her chest,

noseyvsnd clavicle bone and it has msultcd in permanent

A 5.'  of 20%. There is restriction of movement of hip

joint. Therefore, in my considsred view, it is just and

L/s

 



 MVC.No.131/2004 stands modified, gaming

proper to award a sum of Rs.1{),00O/-  of
amenities of life and accordingly, it is awarciéd;   
1 1. The total compensation payabié; . 'dsmesté. 

Rs.77,000/'* and the bmak~ufi'is £%$0f0n0z§s':4':"    'A

1. Towards loss of fi:tm'%;--   
earnings --  - .-- V,   '*._12s.54,000.00
2. "Towards  0 '0   10,000.00
3.   
  0 Rs. 3,000.00
 4;"  'lass. gr: afiienities 4, Rs. 10,000.00
 -.    ' ' '"

  ':VTotai Rs.7'7,000.00

0  3-."012.'"T1'Ahe  is entitled to interest at the rate
   (sf  instead of 6% per annum, as awarded

 mg; 

.0  Accordingly, the appeal is allowed and the

  Judgment and award passed by the Tribunal

V.

 



    ..... 

compensation of Rs.77,000/- with
the date of petition till the date f:_>.f 3
respondent shall deposit
from to-day Out of
amount, a sum of Rs. in fixed
deposit in any ‘fern a of three
years. The appellamz the interest
accrued ”

Sd/-

Judge