IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 2 1» DAY 01:' ocroB1a;1§%2oo3 § T ' PRESENT THE HONBLE MRJUSTICE BEEPAK THE HONBLE MR.JUSTICEE:_'S'.lIBH}\SP:i' 31.3.3. H(!;l.._5675""' % % BETWEEN: V S /0 Basappa Dmxiashettyg . V' Aged about 25 , * Occupation, _ _ Resident ofA133IniIh&bhavi,"% _ .. ' - Dharwad 'ra1uk. - . . .AP?ELLAN"I' 1. sxi' VS/0 Agcz Major, f . " - pf Kabbenur, Dharwad'Taluk, ofthc 'Tractor No.KA--24/'1'-67 as No.K.A~--24/'I'- 153;. "'i*:h.e Divisional Manager, " United India Insurance Company Limiicw, Divisional Ofiicc, L.E.A. Cmplex, Dhaxwaad. (Insurer of the 'I'ractoa' 8; Traiior 1<A-24/12 157 & ma). iifihfi This MFA is filed U/S 173(1) ofV'Mct:oa:--.joVéhicl§s'A§ét,. j praying to modify the judgment, and » i£1"M'JC 110.234/2003 on the file of the Motor~..Accidc:;¥; Dhaxwad, on 29.6.2007 by enhax1ciI1"g:th-:2 oompoxisatioia as claifl before the'l'rial Court. This appeal coming' on 'day, Dcepak Velma J. delivered the following: " . T ' ._ Heard Sri ._ the appellant. Records perused. 2. This is: Section 173(1) of the Motor Vehickjs referred to as 'Act' in short) awinst tl1e: z}3.v.:v a:~Vrél" passed by MACT, Dhmwad, fix MVC ' was aged about 20 yams on 25.9.2002, when he a motor mad accident, on account of rash and V driving of the tractor and trailer by its driver, owned by No.1 and insured with respondent No.2. Amcllant was
also driving his Kineflc Honda motor cycle.
To
3
4. According to appellant, on the aforesaid date,__._l’1e was
working as a Bar Tender] Sena’ in the “Smuwar Bar 8;
and was earning Rs.6,00fl/- per month. On
sustained by him in right arm, he has l1f:e£3’*p1;t ‘lees.
earning eapmty.
5. On the claim petifien 1 15 of the
impugned award, under ‘appellate; has been
awarded a total amouat with interest at
the rate of 6% actual payment The
appealis for
6. After counsel for the appellant,
We are of the apinie’11_ for enhancement has been made
oufi; .
of any evidence led by appellant to show
_ Rs.6,000/– per month as salary, the Tribunal
his income at Rs.3,009/~ per menth. Even
sufiered injtay only in his right arm to the extent of
lmt Tribunal has still that disability as 50% to his
reliole body. Therwfter, the loss of earning capacity has been
assessed at Rs.18,000/- per annum and multiplier of ’18’ has been
adopted. Under diifercnt heads, he has been awarded just}, proper
and adequate compensation.
8. Looking to the matter from all angles, we
that, absolutely no case has been
ent.
Appeal being devoid of Vsrmxxtit is hereby