High Court Karnataka High Court

Krishna vs M P Aboo on 29 January, 2009

Karnataka High Court
Krishna vs M P Aboo on 29 January, 2009
Author: Huluvadi G.Ramesh
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE

DATED THIS THE 29*" DAY OF JANUAm% 21m9

BEFORE

THE HON'BLE MR. JUSTICE HULU

MISCELLANEOUS FIRST z§P1%EAi.N§).1h5g3fe1~' 

BETWEEN:

Krishna,

S50 Puttaiah, -. '
Agcd44yca:-3,  " 
Deshalli ;'.r'i§3ag~a&:=Post,--V»~': " " '
Kappa  "      
Maddur       

    ....APPELLANT

(By  Sri.().K.Harisha, Am.)

         

 

V' "SE50. Agqaiized,

VA.g'e--:_. Maj or,
was Koopom Kunnath House,
" vfadanilam Post,

Kunnamangalam, Kozhikode, T
Kerala State.

2- New India Assurance C0. Ltd.,
Tripuri Buiiding,
East Nadakkavc,
Calicut-67301 1,

>91"



By Manager. ...RESPONDENTS

(By Sri.S.V.Angadi and Sri.H.T.Basavaraj, Adv. for__R-2)
anon:

This M.F.A. is filed under Section Act
against the judgment and award dated 28.4.96 pas$ed’Vin_’_MV_C

No.516/98 on flu: file of the Pr}. Qivil Juzigc (S!.Dn.) _ax:d CINE
and Add}. MACT, Mandya, pz:1rJtly”al!<)wing« thé«.c.lai1;;* petitidg}

for compensatien and seeking eiahargwmexit _of§On;'pén$£i1i_<)n.
This M.F.A. comin'gu""c.;;:ii%'f(3r the Cbufi
delivered the foIIowing:–

…. with. There is a deiay of 05

dfiys Heard- Dciay condencd.

2,. is by the claimant seeking for

‘V of compensation being not satisfied with the

%% »–…:”axa{a:-*3.:;$:-afised by the 13:1. Civil Iudgc(Sr.Dn.) and MACT,

A 1 . Manaya in MVC 140.516/98 by order dated 23.4.06.

3. On 29.4.96 around 6.00 am. when flze claimant was

travelling in 3. Ian}! bcaringrN0.KA09 2967 from Shivapflra. tn

has been awarded Rs-5,000/- towards

and Rs.l S,00(}!~ towards pain and sufferings.

Ummadahalli near Srinivasapura gate on M.C.Road another
lerry bearing NQKL ll 6279 came in a rash ancifinegligent

manner and dashed to the lorry in which was

travelling, due to the impact claimant sustgiited the

lefi: forearm and also injury on the

to have suffered pennanei1t<_"ciisahility of
19% to flue whole body. petition was filed.
The matter was eompany. The
Tribunal haying eeheiderafion having held
that tleéllgence on the part of the
driver of the offendhng 6279 awarded a
total compensation' of hot satisfied with the

same, the 'clVaima§tt~ is__ befere thlé'. 'C3311.

3 that nothing has been awarded. Accerding to the
_}§;$;/

be entitled for Rs.77,000!'- ever and abo;Ie whatV_.-has been
awarded by the Tribunal with 6% interest figgij of
petition till deposit. H V '

6. Accordingly, app¢,a.l_§s in 2 ‘

mags