High Court Karnataka High Court

Sri Chandrayya vs Parasappa S/O Dyamappa Tegur on 2 September, 2008

Karnataka High Court
Sri Chandrayya vs Parasappa S/O Dyamappa Tegur on 2 September, 2008
Author: K.Ramanna
5:'

IN THE HIGH COURT OF' KARNATAKA

CIRCUIT BENCH AT DHARWAE)

DATED THIS THE 239 DAY OF' SEP'PEMf3?§i:l§'2€}V€}$:    .

BEFORE   
THE HOWBLE MR.JUS'l':1gCE: 1<T.'zRiAi»1.§§1NA.=:.515/m [MV3     %

Sri Chandrayya, S/o Vémfbhaezirayya "
Hiremath, Aged about E§0jy¢a':_~s, ;  V a * _
Occupation: Plantation Supefintxizidcnt,  __
KFDC, R/0: Plot,No.1 1, .S!a_t'e.  C61o1i'y," '

Head Quartcr;s.R§)ad,  :' ....Appclmnt
(By Sri s. Ad_\fz§:<":atg=:j' _  '
1.  S16.» Tcgur,
Age: Major, VD1"'ivcr.of fiégep,

R19: Muinmigafii, Tq: Dhaxwad,
fléisfzrict:  V

V   ~Ma1:agcr,

V TKJ3'; "F9r\§st Compound,

3. §*1,
15th floor, M21301' Tower,
T Vishwcshwaxyya Centre,

A' "Ambedkar Veodi, Bangalore. ...Rcspon.dents

J M This MFA is filed under Section 173(1) of M.V. Act,

    the judgment and award ciated 1.1.2008 passed in

MVC No.60}/2003 on the fik: of Prl.Civil Judge (Sr.E)n.) and
CJM 85 MACI', 133%, partly allowing the claim petition f
or compensation and seeking cnhanccmant of compensation.

This MFA coming on for Admission this day, the, Court
delivered the following: /L

 



JUDGMENT

Though the appeal is listed for

consent of the counsel fer the appellant the

up for final hearing, being hwrd

2. The appenanvczainxagn I&i:a.srcome:.~{:§1;

appeal challenging the of
by the mar, M601/%2()o3, dated

3. he is working as
he was aged about
50 -‘at about 10.00 a.m., he was
in’ registration no.CKM-7823 on

his §§fi”iei.a1<iufi£:je"'atnd'Vfhe driver of the said vehicle drove it in

4-:5 xi°3.sIit:' negligent manner while taidng reverse and

the parked truck from its back and

he suflened injuries anti that he has

._;i1e treatment in KIMS Hospital Huhii by spending

amount. To prove that the appellant sustained severe

___§njurics, he has produced Ex.P.61 the wound certificate,

which discbses CLW over the left eye measuring 1 x 2 ems
and fracture of left femur 3113112. The doctor who has issued

the wound certificate has opined that the injury no.1 is

J3 *
simple in nature and injury no.2 is grevious. Aceoniing to

P.W.2, the appellant has undergone treatment as mpafient
P.W.1 has not produced any disability certificate to show
that on account of the fractures he sufiered in
View of the fact that the appellant, who is

Pfantation Superintendent in K.F.D.C., is

medml' mm' bursement and since.:he-h,as the x

'no objection certificate' from

Drawing ofiaocr that the he tense at the . "

medical Ieiznbursemeltt, the oi; ~m¢_+bgf«;».is of the
medical bills and ptze;§;¢1:pégo:;s [ by him, has
awarded a sum efvRs.55;1$C}'[-V expenses.

4. counsel for the
appeltantev V’ injury no.1 there is
was aged about 50 years
as on dete. the injury if any sustained by

leiV.’tAe3*eV_;;;eed not be considered has ttmfiguration.

» -»:_a;:pe:l’Iant was unmarried or a Woman, this Court

‘ awarded a reasonable compensation

ueder ‘disfigumtion’.

5.”Ftn1.hcr the Tzibunal has greeted a sum of

–..VVRe:é(},00O/~– towards loss ofameuifies in future life, a sum of

Rs.15,()0O/- towards conveyance, nourishment and
attendant charges and the amount of Rs.8,4′?6/-

towards loss of earnings during the

reasonable which does not nequim any

hence the order “bf the Qnot’ gaxigr
interference.

Hence, the appeal is fhevfi stage of
admission. A .. V 1 A.

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