IN 'EH11; HIGH comm' or KARNATAKA A1' 5ANGA1&e§§1{jg:«' ; ;: j 'V _
DATED THIS THE 10*" DAY or ;u:.,y 206:; % [IQ =
BEFORE; A A 1'
THEHONZBLE MRJUb'TICE;§'_._V}£LfDl§Lv~J§giZ.I§1E'_?§ 1
MISCELLANEOUSFIRST4PPEflL.;Q§_Q;y?/26$
Between:
A. Raja Hegde, . _ -.
Aged about 55 years}, 1',
SEO A.C. Duggappa.HE;gde;::fi-: 'V ,
BK. Compound, MeIi:ig3..1§ai'égan;,A"'~.,.. -- '
Ma.ngal0rew575~OjO2. ,. é Appellant.
(By Sn' 1. "'I.fti21éra:s.2a.ti1aPt3oj_.fii'3"", Adv.)
I %%s&iii&fiéann7§°
V Aged 45 years,
_ Sf<5"Hamad,'v{3hokkabettu,
' Surathkai; Mangalore.
*" S#h6anu,
" about 35 years,
5;:/0 Koragappa,
%% " Kallugundi, Renjilady village,
Puitur Taiuim
3 United India Insurance Co. Ltd.,
Bridge Road, Baimata Road,
Mangalore,
Reptd. 13y its Branch Manager.
(By Sri Y'.P. Venkaiapathi, Adv.R3) a.
This Miseeiianeouéi "Appeal is-fiieii under Sec.173(3) of
the Motor Vehicles AVf'§$.'¢,"V1V'}83,'.'v the and award
dated 5.3.2005 nz[a%naMVC"n1s;o;499/2000 an the fiie of the
Principal Civil Judge (Sr.D11..)'ené'~ «1_\&'gCT~IV', Mangalore, etc.
Appeal coming on for Admission
{he ('1(i';a:*t't'm_l_ivet'ed the following:
JUDGMENII'
in MVC No.499f2000 eased 11.2005 on the
t iiediffi1e Pfincipal Civil Judge (Sr.Dn.) & MACT, Mangalore, has
VT appeal contending that the compensation awarded by the
u,,, A . " Tfibunal is inadequate and seeking its enhanceqnetrt. "
%.
'ax
-\z_
av;
2. There is no dispute as to the 0GCu!T€§i1é'é 't)i"£1;é«.;ac(:ic3£ffii--iiV3 "
question and the Iiability of the third tr'espc:;dent-§§z.sug%an¢et' V
company to pay the compensation amoufitt. »
3. Learned Counsel tbr §§¢§::;§'*emuend that
having regard to the nat;;fe__ot' claimant
on account 1 Tribunai was not
justified in Wang tmuy}; '§§R$L.15,oooz. towards pain and
slttferingt tltat the Tribunal has not granted
medical find incidental expenses,
loss" treatment period and compensation for
méiiicaiv-..':exp§§1ses. It is fizrther contendeti that the Tribunal
Atcthave . awarded reasonable amount towards loss of
"V az11¢z;iij_eS;
u Counsel for the respondents sought to justify the
Atfiirnpugted jsdgmerzt and award.
4
5. aw; in his evidence has stated that he has spe11t…()’l’§’_&.*Vrl:
Rs.40,000:’~ towards his treatment. He has produced ll H
certificates in support ofthe said claim. It isihisv ease:
has paid a sum of Rs.4,OO{)1′- towards >pr_of’eseieg1elte”his V’ V’
Doctor. He underwent surgery for his fiedi:1¥*e»in the
The l)octor”was been
claimant was treated as an inpatient 113.12. 1999
and he underslkent fieeiuee in the right humerus. The
Tribtmal has avéazfgledv “elfi_”..’eRls.2l,I50f– towards medical
e4xpenses.V.» li1ile£i”t0_§_V_n§*?Jd a sum of R.s.4,000!– towards
pfeijessienal by the claimant to the Doctor. It is also
¢vide:§w,i:§az’t1l¢; has only awarded a sum of Rs.l5,(}{}0/–
V7._ tewaVrds palris Having regard to the injury sustain’ ed
‘file I am ofthe View that the Tribunal ouglt to have
etleast a sum 0fRs.25,OO0f- towards pain and suffering.
. – Alliellffflbunai has only awarded Rs.6,,900f- towards less of income
treetmeni 11:11″ 69 days. Having regard to the evidence on
SHWTO.
Fz;xticuIat*s
Towards pain and suffering . , »R3.30,0i)0;:GG”
N.)
Towards Medical and i11cidenta.l_Vé§;pcns€§mf ‘
LR
Towards loss of income
Towards ioss of fiiture–earnmg c3,–_
— A_ ‘T Rs. 5,000.00
Rs.12,960.00
Towards less of atnenities ‘ T ” 2 Rs.10.,0O0.00
Towards fi1tt1rcAmcdica1.e:’spc:nse.;; L Rs.10,000.00
–30’\t.ru-&’h
Tawards (;{¥1′}V§}y3IiC€l Rs. 5,060.00
expenses H ._ _ _ _ ._ .
1 A Rs.5?,960.00
The a:;;¢;n::&;$~fi:;;;x¢ed?_o:°fto £2;g;:60,gé00/~.
7. InVV’the’1’ss1V1!t-, foliowmg:
V. ., A is £V1Ili:si7észiVci in part. The ciaimantfappellant is
‘ftar::$§’éé:1A1.rr’i434″g:%:’v1_{,s.6O,OOOf~ towards compensatien in addition
‘ ” to awarded by the Tribunal. The said amount
carry vifierest at 6% per atmum fiom the date of the claim
ihe date at’ deposit. The respondent-insurance company
H to deposit the aforesaid sum within a period of eight
‘ A” %eeks from the date ofreceipt ofa copy ofthis order. The Tribunal
is directed to release the said a1noun’_t_…in__ 12-:1\é’_oi1i””
appellantlclaimant. No costs.
BMW972009 A’