In ms 316%! comer or KARKATAKA A1' Burns was ma: am my o§$V%uovmais3ia:V2cébe_ H E panama} um Romans MR. JII3'I51C!Béi)§ E"PAK.'i7 9I£ !4l§ I % 'rim HOH'3LE:§fiR. §!I8CE_L__g.AHEO88 2004 Q amwmnzc: Gopa1aAchar,=i -- S/o Late Ananthay}'é.«:_Achax;' _ " Aged abo1:u':"69 '7' " R10 'Anugmhg, V V -- . Hirgana Vi]1agc._&' Post, Karkala Taluiz, ,\ % 9;§.x,A. Adv.) -mu..----- 1. ' ' "S§.énoy. Sfo Madhava Shcnoy, , Aged about 43 Years, _ R/o House, » Ankem, ' "Ka.rka]a Kasba, " I Karkala Taluk, " ngggggcr. ' The United Indian Insznw Co. Ltd., Karkaia Bzm¢h, "Q represented by its Branch Manager, Srinivas Complex, A.S.Ro&d, Karkala Kasba, _ Karkaia Taluk ' ' ' mmnnmmicr. (By Sri,S.V.Hcgdc Adv. for R2, Respondent No. -
Notice dispensgfl
§__1;_a_.J:_* ‘
This Section 173(1) of
the Motor ‘A§.;t;”‘ me Jgaagment and Awazti dated
on the file of the Distlict
Judge as allowing the Claim Petition
for compenéajgbz; of ooznpcasation.
First Appeal coming on for Final Hearing
(1213:; J, delivered the renewing:
JUDGHERT
learned coume} appeared for
Sri.S.V.Hcgdc Mulkhand, counsel appeared
for ‘”Ir:jé p£A>Andcnt No.2. Notice to respondmt No.1 has bwn
‘ I . % _ T with.
“E
2. Claimant is in appwl against the award drafted
passed by MACE’, Udupi, in MVCv.:Nc.6«8/ ; n
«thereunder for the personal ‘
years, a retired teacher[pcnsic>n£érg ‘*aV_su1ii”
with interest at the rate of
3. It has not been ‘float appefiant had
susmined bodily ifiotor mad accident
when he was his rtflaiive on a
Motor -20-K~56’74. A1: that time,
Bajaj : jro’g;i.strat:’on No.KA~20]7l86 being
driven many} by its driver, dashed against the
~M_otor_~ .h_}*___’!’r%hanth Achary, who aiso sustained
‘”:I_t_V1j*:1ries_.V appears to be the General Power of Attorney
Ho’.ldor’–of In his own case, he had settled claim for a
V rpm: a£Ai2s;’é2,ooo/-.
, not been disputed before us that in the said accitlcnt,
had sustained bodily injuries, on anommt of rash
negligent driving of autorickshaw by its driver, owned by
“Q
respondent No. 1 and insumd with mapondent No.2.
in hospital for about 34 days. L131)’ ility of the Ins:1mn.f:
to pay compensation is not x stand proved from the evidence A 5. Para 7 of the impugzm or injuries sustained by appellqtzt laceration
on different parts of body, of mandible
bone and [mg inpatient in thmc
difibrcnt hospit£1i.fi_««._fo:tv’ days. There he was
heated Shenoy and Dr.Jos.hi.
6. of ” Shcnoy, who had
exam1ned’ éndivtizeteatftezt d1sab1ltty’ ” cemfm te, shows that
he spcectg of mouth and difliculty in eating,
£13 was malunited. His physical disability to
the fias been assessed at 50%, but no functional
whole body has been msesscd. Appcihnt at the
‘aocidcnt was aged about 68 years and 11% already rctimd
and was germs’ pe11s1o’ n.
“33
7. sun we find from the impugned avvmd
awarded to him under dificxent heads-V T.
and desc-Ive to be enhanced. We
aged 68 years at the time of ‘ ‘V37′
getting pensmn. It is as an
agriculturist, he has given’ for cultivation,
the fact that stand {he General Power
of Attorney Holeieié Genet pmpose to award
him any mug. capacity.
8. In sun: which the wpellant spent
in three hqspiteis, V:-1 toVt’,.al a’s.’:;b11£>*’£1}nt of Rs.29,492/ – has wrongly been
W’D,I_’kt=d our calculation it comes to Rs.46,510] –.
This five out, as in one hospital,’ he spent Rs.12,-404/–
charges, he hm paid Rs.20,002/- to
Dr,Rchafi3fflILe 53¢ Dnloshi, who had treated him and a
bi’e!if&s.l ¢s£1G4]~ was spent by 11%;: in Karkaha Nursing Home,
‘V ‘I’11us the tom} sum of the aforesaid thme amounts wouid
Rs.46,5I0/-. Thexefozc amount awarded to him towards
‘6
medicine and tn:-atment charges at Rs.20,*-‘I92/~
Rs.46,5 10/ -.
9. Thc fact cannot be ignored in
hospital on difiemnt occasions’ a
Obviously he must have spent what is
claimed by him. Thus nutrition
and diet, we award him conveyance
charges, we award’ &s1;&»p.;”‘:of~, towards pain and
sufierings, afipcflant, we find jlmt and
proper of», towmtis Loss of
earning’ , ta: awarded is hcxeby retained.
For ioss qr afiienéues, 13¢ disabiiity for a pamtcuzm
fixtgnt df”not11ing has been awarded. We deem it
E: afid’ pmp:-Lr him a sum of Rs. 15,000] -. Thus the intal
V Vlfifresponxients jointly and sesicrafiy, would come
to Rs.1,44u1Y~?,310.]”-.
= aforesaid amount of Rs.1,19,510/– would carxy interest
‘ rate of 8% per mnum from the date of the petition till it is
Y)