IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD 1 f »
DATED THIS THE 3rd DAY op sEPTEM;~3EE,SA§dié%"j
BEFORE
THE I-ION'BLE MR. JUSTICE
M.F.A. No. 24oAI.§;2ooS'~-;M'v; '
BETWEEN:
TOUSIF MOHAMMAD GOUS ,E{HP..DIAKHIWALE
AGE 17 8:, HAL.F"{_EjARS;_ I '
oCC PAINTER-.,{NQW_.N1L) _ _. . ,
SINCE IVIINOR NA?CI*-I.}RALI--GLIAA12D1AN
FATHER SHR1 1$'£C§}7IA1\1iVIAI3(iO[JS KHADIAKHIWALF
AGE 50vY'}33ARS- OCCZ: 'CO'O_I;'IE
R /0 NEW GANDVHL NAGAR -BELGAUM
... APPELLANT
(By Sri. VI'I"F}jAL. '-I._']5".AL13ig;~"-,.f)V)
V IIIII
1.: .,SR.I,1C..IN:URAGESH S /0 CHINNUSAMY
' AGE'--MAJjOR~~OCC BUSINESS
A -1::/0 'N-"<3. 1&4/1 STH CROSS KALASIPALYAM
._NEw ~F3_XTI'ENSION (KPN EXTENSION)
BANGALORE
' K " ' 'A = S..THE'D1v1S1oNAL MANAGER
A. _ THE NEW INDIA ASSURANCE CO.LTD
'CLUB ROAD
BELGAUM
RESPONDENTS
” (By Sri.M.K.SOUDAGAR, ADV. FOR R2
R1 «» NOTICE DISPENSED WITH )
E
33:
Ix.)
THIS MFA FILED U/8.173(1) OF THE M.v.AcT,
AGAINST THE JUDGEMENT AND AWARD DATED: 27-08-
2oo9, PASSED IN MVC No.329o/2006 ON THE FILE) OF
THE PRL. CIVIL JUDGE (sR.DN) BELGAUM, PAIQTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPE3NSA”[T.I.ON,.:’ ‘ A.
THIS APPEAL COMING ON FOR ADl\_/ll’:”3.:SIC)_1l\l:’l’l-l1’t’3: _
DAY, THE COURT DELIVERED THE__FOLL()Wl’NG’:
JUDGMENT A
The Claimant in MvC’iN”e.,,.329o~;2005′ :b_:efo.rC’; this” I ”
Court, seeking enhancenie-n.t”v-.o’f.._ Corripensation as
against the sum awarCl’elcl’by
Counsel for the parties and
perused th-ellappeal ipvapeébs.
The Iiatur.e’ of the injuries suffered by the
Cwl:aimAaa:t’is”Iest*ablished by the document at EX.P~6. The
had suffered the fracture of Fibula at upper
1/3Id”is’:.estab1ished by X-ray, which were produced
the Tribunal. The doctor was examined before
Tribunal as PW»2 and he has stated the limb
disability at 30%. The Tribunal after noticing the same
g
DJ
has rightly come to the conclusion that the claimant
being a student of 16 years old, the said
cannot be considered for future loss. Howe’ver,Vi”und’e’: ‘
the head of loss of amenities an-diuture-_< unh'a~ppiriessi'a
sum of Rs.30,000/– has been
another sum of Rs.5,000/~ theusaidi j1ieiéi&ii'is £0 be'
awarded.
4. With regard toiithe injuries, since
it is not in _disopu_te fact that the
injured was ajgei(:l’iaboiut–,sl’6.__years,» the amount towards
pain and– suffe’ri’ng”i.s lower side and as such a
sum of lé’s«..4li’:3,Oi(i)iO_/h–;_i’siawarded. Further, to make good
the’i;sho’1’tVvfalliu’nd_e_r all other heads a sum of Rs.S,0OO/–
‘ rl’-.herefore, the claimant in all is entitled to
tiiei”ienhan::_einent of Rs.25,000/- with interest at the
sarnerate and manner as awarded by the Tribunal. The
enhanced amount with interest shall be deposited by
the Insurance Company within a period of 6 weeks from
the date of receipt of copy of this order. On deposit, the
amount shall be disbursed to the claimant. it is further
ordered that out of the initial amount of the
compensation awarded by the Tribunal, 50°/gr.ojf..»_tt}1e
same shali also be released to the claimarit ~
with proportionate interest shallbe
In terms of the above’, .,3.ppea1_V_i’s
order as to costs.