IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 29*" DAY OF JANUAm% 21m9
BEFORE
THE HON'BLE MR. JUSTICE HULU
MISCELLANEOUS FIRST z§P1%EAi.N§).1h5g3fe1~'
BETWEEN:
Krishna,
S50 Puttaiah, -. '
Agcd44yca:-3, "
Deshalli ;'.r'i§3ag~a&:=Post,--V»~': " " '
Kappa "
Maddur
....APPELLANT
(By Sri.().K.Harisha, Am.)
V' "SE50. Agqaiized,
VA.g'e--:_. Maj or,
was Koopom Kunnath House,
" vfadanilam Post,
Kunnamangalam, Kozhikode, T
Kerala State.
2- New India Assurance C0. Ltd.,
Tripuri Buiiding,
East Nadakkavc,
Calicut-67301 1,
>91"
By Manager. ...RESPONDENTS
(By Sri.S.V.Angadi and Sri.H.T.Basavaraj, Adv. for__R-2)
anon:
This M.F.A. is filed under Section Act
against the judgment and award dated 28.4.96 pas$ed’Vin_’_MV_C
No.516/98 on flu: file of the Pr}. Qivil Juzigc (S!.Dn.) _ax:d CINE
and Add}. MACT, Mandya, pz:1rJtly”al!<)wing« thé«.c.lai1;;* petitidg}
for compensatien and seeking eiahargwmexit _of§On;'pén$£i1i_<)n.
This M.F.A. comin'gu""c.;;:ii%'f(3r the Cbufi
delivered the foIIowing:–
…. with. There is a deiay of 05
dfiys Heard- Dciay condencd.
2,. is by the claimant seeking for
‘V of compensation being not satisfied with the
%% »–…:”axa{a:-*3.:;$:-afised by the 13:1. Civil Iudgc(Sr.Dn.) and MACT,
A 1 . Manaya in MVC 140.516/98 by order dated 23.4.06.
3. On 29.4.96 around 6.00 am. when flze claimant was
travelling in 3. Ian}! bcaringrN0.KA09 2967 from Shivapflra. tn
has been awarded Rs-5,000/- towards
and Rs.l S,00(}!~ towards pain and sufferings.
Ummadahalli near Srinivasapura gate on M.C.Road another
lerry bearing NQKL ll 6279 came in a rash ancifinegligent
manner and dashed to the lorry in which was
travelling, due to the impact claimant sustgiited the
lefi: forearm and also injury on the
to have suffered pennanei1t<_"ciisahility of
19% to flue whole body. petition was filed.
The matter was eompany. The
Tribunal haying eeheiderafion having held
that tleéllgence on the part of the
driver of the offendhng 6279 awarded a
total compensation' of hot satisfied with the
same, the 'clVaima§tt~ is__ befere thlé'. 'C3311.
3 that nothing has been awarded. Accerding to the
_}§;$;/
be entitled for Rs.77,000!'- ever and abo;Ie whatV_.-has been
awarded by the Tribunal with 6% interest figgij of
petition till deposit. H V '
6. Accordingly, app¢,a.l_§s in 2 ‘
mags