Jagadeesh @ Jagadeesh Gowda vs Mohammed Ismail @ Afroz on 15 September, 2010

Karnataka High Court
Jagadeesh @ Jagadeesh Gowda vs Mohammed Ismail @ Afroz on 15 September, 2010
Author: Dr.K.Bhakthavatsala
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED TI-HS THE 15'?" DAY OF SEPTEMBER 2010 

BEFORE

THE HOPPBLE DR. JUSTICE K. BHAKTHAvA*:*$A1gA EV" 

MISCELLANEOUS FIRST APPEAL Nd.'5'7'29/'142oo:3E[Mxd  

BETWEEN

Mr. Jagadeesh @ Jagadeesh Gowda, '

Age: 42 years.

S/0 Chikke Gowda,

Hoovenahalli Village.

Mallenahalii Post,    _ -. -.
Chikn1agalurTaluk.   _    '   Appellant

(By Sri H Malatesh,    'v«.*,: for appellant)

AND

1. Mohammed.'IsI-nail @*.fiifroz,»  
Major, = * ' "  
Driver of Kusha1iV,"',__ " _ _ 1 " .
Bus bearing No.KA is/58,5-9, 
C/'OM M Ga{f00r~, E "  V
Pzfrjp': "Shahz'ria flframsport,  """ '"
M B._Road,, 

Shim"0ga'.V _ E"

_ *"2V.v.,MAGa,fcor. H ' '_
{S/0 .M0han"';med Ismail,
. .. _O.\g:rner_ of the *~KuE:3hali Bus
E I3ea'rir;gAAN0_.KAVé"16-5859.
«V " .Shah"3"f1a,. vTI'.Et1'1Sp0I"i,
-f*,M BR0':1d';* 
. Sh§_moga;



3. The Maiiager.
National Insurance Co. Ltd., __
Shimoga. Respondents

(By Sri K N Srinivasa, AClV., for R-3)
{R-1 and 2: notice dispensed with]

This Miscellaneous First Appeal is filed 1»i1′}f§l;3Fl€\.€LC1~’il(l3I1′ 1*}:’_olf

the Motor Vehicles Act, 1988 , against the jt.i:ig1nent and award–,c1ated_u
4.4.2005 passed in MVC No.253/199:3 on the ‘file of }’.}ca1d4l,H Djlstrict 1
Judge and MACT, Chikmagalur. lpartly-allowing the icilpaijm “petition for ‘

compensation and seeking enhancement _of cornplensation with
interest at 9% Der annum. ‘

This Appeal coming on forlheariiigltlliisthe Court delivered

the following: _
4 2

The apple-llailt, in MV C No.253/ 1995 on the
file of Addl. I)listr_ict_ Accident Claims Tribunal at
this Court, praying for enhancement of
A. l

for the appellant submits that on

vl7l__2.4;Vl995 l.lthe””lappella11t/ claimant was travelling as a passenger in

bearing registration No.KA~l6–5859 and the bus capsized

l”1=ash”Aland negligent driving of the driver of the bus and the

L’

claimant sustained injuries. He further submits that the Tribunal has
awarded a meagre conipensation of Rs.20,000/– and he ,pra}l?s_V_l’or

enhancement of con’1pensat.ion.

3. Learned Counsel for respondent Ins’Ltrane_e,Conipany’

submits that the Tribunal has awarded adequate :1;_’

4. The claimant has got hin’1self_:e2:an’1ined. and got’

marked EXs.P 7 to P 29. is is in the
evidence of the claimant that forearm. left
hand, chest and left Collar in M G Hospital.
Chikmagalur, as §{_=~ra\,vrureport reveals that he

has sustained:V:lfracttir’e’of aréfn..l_above the elbow joint and steel rod
was inserted. hit is ‘”th’e claimant that he was getting

income of Rs..30,00’O”,’– per..n1ontl%’f..fi’on’1 agriculture, but on account of

the.linji.i:ry”s.iist?ai.ne’d. by is not able to do the work. which he

was d’oi1’i§5; earlier; >1 .

5.”K€:eping friew that the claimant sustained fracture of

v’3’€.l_bo\\rV joint ilnderwent surgery and rods were implanted and

subsevqluently. the Tribunal C aV€ awarded reasonable

compensation. Taking into consideration that the accident occurred
in the year 1995 and the claimant was a.n agriculturist by
profession. the Tribunal could have awarded global compensation of
Rs.5U.000/»~. Thus. the Claimant is entitled

Compensation of Rs.30,000/ –.

6. In the result, the Appeal is partly al.lotgv:ed;eapho.ld’inglth_atA;1t_i’ie

appellant/claimant is entitled for -.__.addiltio_n”ai e-:J1’t1pensatil§3nVl

Rs.30,000/~ along with costs and inltetpestp at ‘the li”atel}of 6% per
annum from the date of Petitioin’t..i.ll r.eali.satio11,i”‘«.p
Respondent No.3 /VInsuraifi1_ee’_Cornpapny’.li’sldifeeted to deposit the

additional compensation thé”-__’Tfibu11al Within two
months from today.

The Tril:)tmal is .c!.tzfecteld to ‘lr’e’leea_se_the same in favour of the

appellant K

Rjgs V’

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