Ira me man at or un1"'ii'!'i|.'T'J'|iiJ'1 AT iJ'|iI'fi'Ai..6l"?E
DATED mm was 26'" my on MARCH
nmronn: _ _ V V.
THE Homnu: Mn.Jus1'1cm n.s. is 0 '
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Mann Bramachari,
S/o. late Nanja Chari,
A0911 4!) ml-are
..a..... .. J.........,
Varagarahalli, Kasabsz
Maddur Taiiik, 0- ~ - =
Mandya District: APPELLANT
(By Sri.K. L. Sgeetgijéas
ACE.
LEE:
1. , 0
0
Age:vMajor,' _ 0' f _
.
Maddur’ Talult, .’~Ms;ndjra District.
‘ 2;-.s..1″he;’-Qri.e.11ta1Insurance Co. Ltd.,
. ‘ City Branch Ofiice I\io.1,
_ lCSl”‘Thv’?j’&$ Complex,
._ .__;Sayyajirao.;’Road,
‘ _ Mysexefiitep. by Branch manager. REBPOHDIHITS
_y &;1x’il.K..KeVa.nn_n_t11., Adv; for R-2
‘ .. !%l9tioe’*to R-1 is dispensed with)
‘ This appeal is filed u/s 173(1) of the Motor Vehicles Act
against the Judgment and Award dated 13.02.2006 passed in
0 * —–MVC No.490/2000 on the file of the Civil Judge (Sr.Dn._) as
Addl. MAC’I’., Maddur, partly allowing the claim petition for
compensation seeldhg enhme m at of c mnen_sa.t_i.r_m.=
_ _ ——1–
A E.’ s*=i=
Appeai coming -11 fa” admissfin, this day, the C..1..1..-
delivered the following:
1. This is an appeal by injm”ed-ciain-iani’V1′ _se::-,__1r~=.;;r-,_.«g
enhancement of compensation.
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bicycle, a scooterist the nfash-9-“d nefient
manner in high resulting in
personel iieatment in Mandya
General of left clavical apart
from Petition under Section
16d\.ocf’~the “Act before the Claims Tribunal,
‘V -examined himself as P.W.1 and
was examined as P.W.2. Exs.P1 to P5 were
d marked. It was contended by the claimant that
‘w'”” ‘w'”‘king as a C’.e.r;.ent..r an… e.:L_ing Rs.125_I- per day
V’ V. _ that due to the accident 11″ is “”c'””‘citat….. her.-1 c..rr_I,ring
on his activities. The Doctor examined deposed that them was
20% permanent physical disability in the lefi clavical and ‘IO?’/6
compared to the whole body. The ‘I’n’bunal found the earnings
dgr
staized. nntshell it 3
of the injured at Rs.6Gi- per day and awarded compensation
under diflerent heads by taking the disability sufi’emc’Lat 10%
compared to the whole body. Rs.5,000/– was
pan’ and suffering, Rs.33,000/- towards
earnm’ gs, Rs.3,000/- towards medical A éthetj’
incidental charges, Rs.10,000/- 3
life a_a_nxi_l Rg.50Q,I- tgwagtls»
b;I\I.I’l”01B 113 {in cf” a (11171: 3′-tr\r\”l’g_II’rau’3 alrla
, mun} TV” nu): -..g’.,wvv[ … ..
IKrJ\vJ.Iuv I I-‘IL mu ?.I.I.:.-
compensation with intexest a’£_(‘$% p§a.’:%_the date of peiziiion
till its n=,a11s’ afis)i1a__ compensation,
the presezgt’ C
A * i’v:._’-.. t;__.,:L§;;; ;.L’.. …. ….1 .r..__ 41…. …..__4.:…. …_..:
‘1’. I ullla l.a’IJI.I.l.’I.HCI IUI Ll]. PHJLICH LI.
:5
E.
bf’ on mconi, the oniy point
arise; for bonsidegatmn’
.§;VV.!;ethef’VtPas—~appeIlant is entitled for enhancement
‘ * -. _ V .. _ofV0a{ft3:IensationP’
date of the accident which has taken place on 06.05199
coupled with the evidence of the claimant, the daily wages
earned by the skilled worker ought to have been reasonably
39/
assessed sud taker; at Rs.8\’.’-i- ‘per d’y instead ‘f Rs.’uu”;’-. I
1′
I.
the loss of earnmg’ capacity is calcuiated on tlns” ‘ basishtlea’
the disability suflered at 1%, the amount of
under this head comes to Rs.43,200/- (24ooxe3,:$x1o[
5. The “i”ri’nunai has aWa1dec3i__
towards aud sufiefings.
injury suffered by the the
under this head Rs.15,000/-
instead of Rs.s,ooo/-,1 Rs.3,000[- was
awarded _’I’ribunal has not
e.-.ee.:_u_eh like food, nourishment
and “mi *5” .1′ the “-9 ..er,
anotiser of 61′ 1 es
loss er Re§1e;om/- was awarded which does not
any No amount is awarded towards loss
V the laid up period. Having megatd to the
d’ suflered. the claimant must have taken
txeatdaenhtxand rest for a period of thme months. Hence, a sum
V. of..Rs§’,200]- hem the wages for a period of tluee months is
6-4?” ed um’-1′ * in Mr’. !2s.50D.,l- %e.1!l.;l”(1 Lrw-ads nmr
–vl—–
_ L’ –2- .I.’_£.__ __.I _…_.;_-…..I.’I..
C OIL ‘IE IHJI. H.l.l.U. .I.Cfl$IJI.Ifl.I’.JE-
‘en I ‘.
_.J]~
compensation to which the claimant is entitled is detennined
and fixed at Rs.81.900/-. The claimant is cntiiledi7i’o:fvv.6′}b
interest on the enhanced amount finm the date.;’o£
its realisation. The enhanced amount f
within a period of eight weeks i
of this order. The claimant of
Q9119 Ijggg an
Judge