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H€THE}flGE{COURTCHTKARNATAKA
CHRCUKFBENC}{ATI3HAR"UU)
DATED THIS THE 26m DAY OF AUGUST, .?b'I"o.'_I;---.Vi E
BEFORE
THE HON'BLE MR. JUSTICE1_A.S-.EORANNA I
MISCELLANEOUS FIRST APPEAL NO".'22'{252/'2'(}O.§3..,{I\/IE} %
BETWEEN:
SMT. NEELAWWA _ ._
BASAVANNI SAMPAGANV
R/O. UDAI<ERI,.
TAL. BAILHONOAL, , I
DIST. BELG/X.UM;j."__--.'_ ~ A
".APPELLANT
(BY SRIQ 'Rm/AiL;,N, ADV.)
AND:
L
THE MANAGING' D'IREC*fOR
VIJA'§{AN!-\ND ROADLINES
"vLI}\/H--TE1),: KESHWAPUR,
HUB.LI,A.T"Q-"HUBLI,
DI DI'fqA_RwfAD.
THE...DIVISIONAL MANAGER
V THE UNITED INDIA INSURANCE
'CO, Lam; MARUTI GALLI,
DIVISIONAL CONTROLLER,
A N.-W.K.R.T.C., DIVISIONAL OFFICE,
E
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Ix.)
BELGAUM.
RESPONDENTS
(BY SR1. HANAMANTH REDDY SAHUKAR FOR R§;’L.B.
MANNODDAR FOR R2, SRIRAVLV. HOSAMANI
MPA FILED U/S 173(1) OP M.V. ACT
JUDGMENT AND ORDER DATED. 30/06/2OD9__:’?ASSE_D
M.V.C. NO. 809/2005 ON THE vF’ILE.«O’F VIVEACT,
BAILHONGAL, PARTLY ALLOWING V=,ATH}£eA(3LAIM ‘-PE’I”eI_’__I’I£)I’.’
FOR COMPENSATION AND sEEK1NG_ ‘E_NHAN’_CeeEMENT”.OF~_VV
COMPENSATION. ..
THIS APPEAL COMING ON IADMISSION Tens DAY,
THE COURT DELIVERED FQLL.Q’NING:
JU’DCrME?1§f_.’I_f} ”
The appellant his the ;%e1e1inV-tgahzt No. 809/2005.
The Tribuheu = sum of Rs.3,600/~ with
interest.
2?,V.Thefaetrelatindémto the injuries having been suffered
by elaifr-:.arItf’V’v.’i’n the accident, which Occurred on
1V’7_I/O5/2OO4»__”is-Inot in dispute. The nature of the injuries
the Claimant was spoken to by the Doctor, who
exarnined as P.W. 18. It is nodoubt true that even though
Claimant had contended that she had lost 12 teeth, there
3
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was no satisfactory material placed before the Tribunal.
However, the very’ nature of discussion made by the–‘fl”‘ribu£rial
would indicate that the claimant had suffered
and had been hospitalised for two day-ls’;”lv.Ihich re’sult
of the road traffic accident. Therelfore–,ii’even’
medical evidence is not available onrecord with. re lardwto the
> _ – g A
disability and the fact thatshe’..liadl_:i:ols’tsAteeth;it has been
established in respect of by her. The
compensation award’eld:_’ is on the
lower side and lis.’i0,000/~ is awarded
under the goodlllthe shortfall under all
other heads 10,000/~ is awarded. Hence,
the appellant isllierrtitlediitolithe enhanced compensation of
interestwat the same rate and the manner as
awardzeldpbyrl the:fiI’rib1;:r:al.
_The-…linsurance Company shall deposit the said
ikllarrioiiiit’within a period of six weeks from the date of receipt
‘(m»Aw”§’
of a copy of this order. On deposit, the
be disbursed to the claimant.
In terms of the above, the appes’1’i’~
No order as to costs.
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