IN THE HIGH COURT OF KARNATAKA H
CIRCUIT BENCH AT DHARWAD H
DATED THIS THE 16'?" DAY OF FEBRII;A€£A1'lE'§Y'V,.v1'i2(:élfi§°£1:.é
BEFORE...
THE I-ION'BLE MR. JUS'r;ICE.'_A*."S. *1'-3(_')"I'.':I*'§}\§VV1\I':§=.j:VA _
M.F.A. No}?'1..51o]"2O68AHH~--_
1. FAKKIRAPPA S,f.4O'«.MA'_LL.}\.PPAvSIIMUDRANNAVAR
Aged about 50 Yێ3?_S', ' . H' v
OCC: AGR_ICULTE..I.RIS'I",..
R/A YARAGUPZ?I VI}:;LA._G'E3'_j-. I
TQ KUNDg:1&OL,_D.IsT., D..H;AR'NAD.
«A _ ...APPELLANT
(By SR1:*MALLII<A}?J'U.N-.I3.HIN1£MATH, ADV)
A_1:1..I;2 A
1. sRIv.HANU'MAN'TA'pPA S/O BUDAPPA HOSALLI
AGE 'MAJOR, OcC"OwNER OF MAHINDRA TEMPO
NO KA 26»/1770, R/O GUDENKATTI
KIJNDGOL; DIST, DHARWAD.
I "«NjAT1O'NAI, INSURANCE CO LTD
IN..VHABRAT=I.cI;--1'OFFIcE: HUBLI CO OP COTTON
' SALES SOCIETY BUILDING I-IUBLI, HAVING ITS
" Bi?ANCH OFFICE AT SUJATA COMPLEX HUBLI
BYITS DIVISIONAL MANAGER
RESPONDENT(S)
VA …_.{By SR1 M.Y.KATAGI, SRI.S.K.KAYAKAI\/IATH,
ADVS FOR R2, R1 NOTICE DISPENSED WITH)
i
In
MFA FILED U/S 173(1) OF MV AOT AGAINST THE
JUDGMENT AND AWARD DATED: 21/6 /2008″ Pj_§S.SED
IN MVC No. 162/2003 ON THE FILE OF THE.._P’R’Lh;e-‘CIVIL
JUDGE (SD) 35 ADDL. MACT,
ALLOWING THE CLAIM…..
COMPENSATION AND SEEKING,AENHANCEMENTAOF
COMPENSATION. ” ” ° ”
THIS APPEAL THIS
DAY, THE COURT FOLLOWING:
The enhancement of the
cOmpen.SatiOn sum awarded by the
Tribtinai Tribunal has awarded
the totaulx Se.Ompen__SatiO’n”-~’Of RS.35,0OO / —
d ‘aijleardtttttthe Eearned counsel for the parties
appeal papers.
” While awarding compensation the Tribunal
awarded compensation towards, pain and suffering,
H vfdisability, loss of earning during the treatment period
and under the head of medical expenses. Though the
A
Lu
learned counsel for the clairnar1t–appel1ant contends
that the Tribunal was not justified in recko~n_,ing~._the
disability as stated by the doctor, I am
accept the said contention sincethe Trjilounalf, has 1.
referred to this aspect of the
the document at EXP 6 ti’-i,:ef*cl_isat>.ili.t_y’ cgertificate issued’ V
by the doctor who note-treated-»,the and the
same was issued afterha’ time, though the
accident In that light,
even be considered the fact
thattthe produced before the
Tribunal and the claimant had suffered the
injuries eds» indicated therein cannot be disputed. If this
Aa’s;.)i:ec–tii. keipti iiiii View, there is short fall of
as awarded under the head pain and
suffer_i..ri~g_ also the loss of amenities. Hence, keeping
xthisuaspect in View and also to take care of some
if towards the discomfort suffered during the
* ‘recovery, in all a global enhancement Rs.20,000/– with
interest would meet the ends of justice. Accordingly,
i
the compensation is enhanced by a sum of Rs.2.0,000/–
plus interest at the same rate as awarded_::’-by-..Vvthe
Tribunal in addition to compensation
The enhanced amount with initercst V’d’c1;_”_>Qsite’d’s.
by the Insurance Company wi’thin_’da pe1<iod.–:ofu
from the date of receipt of of this
In terms of thedabovfde, stands disposed
r sa/*
dddd 313963