IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DI-IARWAD
DATED THIS THE 30TH DAY OF AUGUST, 2010 ~u
BEFORE _ ._ %
THE HON'BLE MR. JUSTICE A.S. B()PA1\T:I$I.A if: .
MISCELLANEOUS FIRST ApPEALV'1\i£§;2 13QLg.O0%67--sMfl'*S L.
BETWEEN:
BASIRSAB S /O. ALLABHAKASH
IMMUSAVANAVAR, _
AGE: 45 YEARS, occ: BLr_S'~LNES'S, _ .. .
R/O.AKK1--ALUR,TQ:HA.NGA--,. '- 1 '
DISTR1C'1f':HANGAL. '- ._
" APPELLANT
(BY SR1. SAEERL 'A'Dvf)
AND: 1 14 . 1
1. RUDRAGOUDA CHANNABASANAGOUDA HARTI,
AGE: _MAJOR, OCC:' BUSINESS,
- .'f{f:OE. ._ODEV1HO'SL:._D,'rQ; HAVERI,
" «_OWN'EI?._O«E' MAHINDRA MAXI CAB
' N0A.i<A4:%uq4530.
2.
f(A}:3YA.SR:--;"RUDRAGOUDA, ADV. FOR 12.1
'1"'H}3',.._fi.J1\TI'i"ED INDIA INSURANCE CO. LTD.,
MOKTALI BUILDENG, IST FLOOR,
' . VSQPPQKSRTC BUS STAND HAVERI.
RESPONDENTS
.._ ‘SR1. ;A.G.JADHAV, ADV. FOR 132.2)
2
§
9:
EU
MFA FILED U/S I,’/’3(1) OF MV ACT AGAINST THE
JUDGEMENT AND AWARD DATED: 13.12.2005 PASSED IN
MVC NO. 52/2003 ON THE FILE OF THE CIVIL JIEDGE
(sR.uN.) AND JMFC, HANGAL, PARTLY ALLOWING’-VTTIEIA’
CLAIM PETITION FOR COMPENSATION AND ;’sEE’:{,:_IxT«e:3
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR’*~ADMISSIt§?f§ I
DAY, THE COURT DELIVERED THE I?:OLL0A.\NI1\IG:.,. I
V V
The claimant/appellant is Ceurtiiivfseeking
enhancement Of the the sum
awarded by the Tribunal
2. Fivearri.Cthe..i1earn<e:d"~__Cou'nse1 for the parties and
perused the a,pipIeai1 "
factIth2itv_the claimant had suffered injuries in
“the ;f1eeide,nt,A\vhich occurred on 9.4.2003 is not in dispute.
The’né;tureI suffered by the ciaimant is estabiished
by then ddeuniient at Ex.P3. The claimant had suffered
fir}:41.ctuI’*e.« Ofviright chin and also the fracture of both bones of
It is no doubt true that the ciaimant has not
5
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examined the doctor. However, in the Circumstance”;
the nature of injuries suffered is not in dispute, 1 V’
has only awarded the amount towards””pain7_<an_d is'uffferinig'.ii'~..
In a matter of this nature, some aiinoiunit redv_;ir'es
awarded towards 'loss of amenitir:es7.pand. of
Rs.15,000/~» is awarded _xFurth'er:,."tast"-»notieed','*-Asince the
doctor had not been had not
been stated, vvthégioontention with
regard to the said head. Though to
the said i;1stitied,:i'Considering that the claimant
was carrying Rs.10,000/– is awarded
towards 'discoimfortf. '._Fdu.riti1eir, it is seen that the claimant
"for—……n.ne month and taking this into
Co-ens.ideration',i amount awarded towards attendant
charigesjimediealdexpenses and other incidental charges is
the 1owerg_ side and to compensate the shortfali under ail
.Aoth'erhe'ads, a sum of Rs. 10,000/– is awarded.
?
¢s’
_,,..
4. Therefore, the claimant in all is entitled to the
enhanced. compensation of Rs.35,OOO/M with interest uat’_flth_e
same rate and manner as awarded by the Trib_1ifiai–Q,V’_~
enhanced amount with interest shall be depositedflbyv ”
respondent /Insurance Company within a.-..pde?:ior»i .’
from the date of receipt of copy of this oi”~:1_ei: Orrdepovsit,
entire amount shall be disbursed u(:lai’r’n*ant’.”
In terms of the above} the a;p;ie’a1_”stands disposed of.
No order as to costs, 7:-