A Ganesha S/O Ananthaiah vs The Commandant on 30 July, 2009

2. The appellant has filed the aforesaid     

seeking compensation on account ofthe  " 

in a motor vehicle accident occurred on-v. ?;i$,200{§.  

dispute as to the mcarrence ofthe  LI}i._abi1ifitAy of this
insurance company to pay the    to be
ecnsidered in this appe§1«   VV§:V€)zig!;3V§:nsati.w1. In his
evidence, he has  of the accident and the
natusrg of t§':€'.,ir1:_i};taées  him in the said accident. It is

 x;r;at~ 01}   of the said accidemi, he has sustaineii

 L._g1'Vieva=us"i.:A:.2ji:fy  and iewer iips, fracture ef upper and

_   !_Q-was jaws éfiad  teeth. He has funher stated that immediateiy

iaéC§s:iaen£, he was taken to Mc.Gan Hespitai, Shimoga and

 therein. Later, he has taken treauneni from

 'k%Lk13:L1<;§.éjagadish, Dental Surgean, Thirthahalli. He: has mm

  that in the hospital, his faur teeth of upper jaws were

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remaved and four teeth cf lower jaws were to be removed. He  

been taking treatment since the date of the accident    

spent more than Rs.20,000f- apaxt fi"om_ .131i_s;<':eIlz=_=.:'ii=."<i§i'2$ .'jv221'V1'4.3.'   

incidental expenses. Thong: he has been  i' 

worthwhile has been elicited in his  V _ 1

4. The Doctor was  fifidence, he

has stated that four     were

broken and fan; 1eeth. o-'f"'w¢re to be removed. Wound
certificate -~ Ex.P5_ has  in his evidence and the
  by hiViii';a1£VVVE__§:,P7 is also marked in his evidence.

_VT:':i§un_al  Rs.10,000i'~ towards pain and sufiefing,

 .:1<§$~$V'V.of amenities and comfons in life and

 ? uRs.5,GOQ!'~'.44"i{§Wh!fd§.§ ximedical expenses, incitiental charges and

: -:__  impugled jutignerrt and

   %      

 the evidence on record that" four teeth of

_  j£u1\:§?S:uG:f  claimant have been removed by the Docter

 tée_--.th of the Iewer jaws were aiso to be removed. As

   fiii1lb!1}i'£{ed by the learned Counsel for the appeilaut, the

  Tijfimnal eugirt to have awarded reasonable conapensation fer

 .V.-fixing artificiai teeth with bridging, 1 am of the View that the

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Tribunal ought to have awarded atieast a sum of     
towards future medical expenses, Rs.5,{}OOf- teiiéaxds   
month for the treatment period    of"  

R3. 10,000/3 towards pain and sufferingVai3-z4§V"¥'\s.5,£%(V.)("};5-.  

of amenities.

3. 'Therefore, ;:~,e§..;:am;¢:: %§s%[maea%ro;&%%a,e fellowing

amount towards    '

sme.   

Amount (Rs)

1 Towards «--.1§$s:; ea'  during 5,069.00

 pérind " "

 fixture iixcdiczalv expenses 30,000.09

fFi'>wai'ds  and suffering 16,090.90

5,(}D0,0{}

.;.e.« L»: .r};>

' . 'I"c>wa:té§;l_."-9'.$~.-rvs 

TOTAL 50,899.00

pm.»

A V -V 9,   the appeal succeeds and it is aceerrdingly
a A 4:   The cIa1tnan' 1 is mm" led for compensmion of
 additien to what has already been awarded by the

 '   The said amount shail carry interest at 6% per azmmn

  the date of the applicaticvn an the daie of deposit. The

e
\3é

'fix



mmnax has apportioned the liability to pay me  ;;1.¢qua;%  .

proportiecm between respondent Nosjfiui 3    7-T

respondent Nosji 3 and 4 are directed. the

amount in equal proportion wnhin a peri<;a§;§jrm'gh:Fwe¢ks« firomarfize
date of receipt of a copy of this to

disburse the ameunt to thy?' 'bfiiififiv