High Court Karnataka High Court

Pyarelal vs Mohammed Feroz S/O Mohammed … on 5 February, 2010

Karnataka High Court
Pyarelal vs Mohammed Feroz S/O Mohammed … on 5 February, 2010
Author: B.V.Nagarathna
MFA FILED U/S 173(1) OF MV ACT AGAINST __'.l'HE
JU1")GIVII}'N'l' AND AWARD DA'l'I:£L): lU.'lu.200'7 I'ASSI*3I) l'NvT'i\l/i':\T7C
NO. 340/2005 ON "EIIE F1l.E) OF TI-IE PRESIDING OFFICER,' FAS'1_'

 

TRACK cxnnnun, MEMBER, MAC? RMcHUR__PARuXw
ALLOVHNG THE cLAmaimnrnoN FOR COMPENSKWON AND *_

SEEKING ENHANCEMENT OF COl\/EPEZNSATION.

This MFA coming on for orders; this   I

delivered the following:  i [A
Jvnemggfiwo
Though this matter is  for   the
consent of learned counsel   heard
finaily. A H I I I I
2. This   claimant
seeking   by challenging
the   the tribunal in MVC
No.34O /2095 maiiiio.¢Iie;%2oo7.

"The factslof the case which are no longer in

   _tPiat, the claimant on 13.7.2005 sustained

 traffic accident in respect of which he

I took Ilhltreatnient and contending that he had suffered

 'fp§:rma_ne'fit disability filed claim petition seeking

---.I.'coAI:f1pleAnsation on various heads. After receipt of notice

 the tribunal, respondents appeared and contested

the matter. In support. of his case claimant let in

:9

cg-

undisturbed. Accordingly, compensation is reassessed

in the foi.lowi_ri.g niarlner:

(i) Pain 81 suffering : Rs§35′,OQ(i ‘.

(ii) Loss of income during ..

treatment period V : Rs.’l.3,”5OO
[iii] Future loss of V _
earning capacity : RsZv–l,,21,50Q

(iv) Medical expenses :.___Rs.3Q,OOO’
(V) Incidental Charges Rs.j41O’;Q_OO
(Vi) Loss of amenities _

V =2,3Q;’Oji~Q(_i

The compensation ‘V’_shal_1 carry 6% per annum
from the date »:c’iai–I.r1 realization. Out of
the con:iepensatio.n_,a proportionate interest shall
be deposited in if1’atio’1’i.alized bank for an initial
period ‘ofppfive”y.e:grs”‘ aiifidvthe appellant shall be entitled

to iriterest on the said deposit. The
be released to the appellant.

“”«..Fo.r’ aforesaid reasons, the appeal is allowed