IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWADH] DATED THIS THE 6TH DAY OF AuGU'sfi', ,2D()é BEFORE . " THE HON'BLE MRS JUSTICE} :B_.V:. 1$tArj§ARAfr1+%;L;1ssA'-i._ MISCELLANEOUS FIRVS"F:A*PPEAL ' BETWEEN: KUMAR AKASH, s/0 suEéE,sHf"fE'i2A.Ni" V' AGE 7 YEARS«,"SINCE-'Mi'NCIR R,I_Bi_r '~ ' M /G SURESH'«A$HOis_£ TER£iNl*,. AGE: 27 YEARS; OCC:.CQOI..lE R /O Mfii.'HALiNGES_HWAR NA__C-EAR, ' GOKAK, '.:";BELGAUM_.' . ; ..APPELLAN'I' (Btf SR1:F.v7}?Afri:i§,"ADVQ) _ AND u ___---.--._ 41'. " BA1AP1=>A,_' " " is/oV,RAMAPPA__(:.umAKAL, 'AGE; 22x1 YEARS, --vOCC:._D'i?.IVER OF MOTOR CYCLE - '.13-E.A?IfJG_1.NO. KA.23/122.3327 re;c>.KHANAPIJR, POS'I' SAVALAGI, "D3: QDKAK, DIST: BELGAUM. 2: NAGARAJ , "S/0 YALAPPA YANKANNAVAR, AGE MAJOR, occ: SERVICE, R/O LIC OF' GOKAK, (OWNER OF VEHICLE No.KA.23/E.s8:27) DIST. BELGAUM. 3. THE NEW iNDIA ASSURANCE CO. LTD., BY ITS SR. DIVISIONAL MANAGER, CLUB ROAD, BELGAUM. .. RESPONDENTS
(BY SMT VIDYAVATHI M.KO'[‘I’URSHE’I”I’AR, ADV. FOR R2.
SR1 RAVINDRA A. CHOUGULE AND SRI G.N.RA1cHUR FOR R3,
ADVS.)
-3—
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND
AWARD DATED 3.1.2007 PASSED IN MVC NO.1840/2006 ON
THE FILE OF THE PRL. CIVIL JUDGE(SR.DN} AND ADD}… MACT,
GOKAK PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF’
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL c0~IvIIN=:§_I’d9;_V”F.oR
ADMISSION THIS DAY, THE coum DELIVERED
FOLLOWING:
JUDG1QIENfrO..§1′
This appeal is 911
seeking erfllancetqent
the judgment MYC No.18-40/2006
dated 03/11,/20e=7 “Accident Claims
me. , II D
2.’ . T}ieL41e1ev§11t’facts of the case are that on
17/07″/.2.0D6VI’ 2 p.m. the claimant was
I New English School, Gokak when a
*1″*rider’a:<Qf"'v.__a motor cycle bearing registration
I No.I{A-;'.23j»=EI8827 came at a high speck and in a rash
pefiligent manner and dashed agajnt him as a
I I' I A'1*esuVIt of which he suffered fracture of tibia and fibula of
tide left leg. Contendjng that he had suffered permanent
fix
disability, he filed cmim petition seeking
on various heads.
3. After serivoe of notiee
respondents appeared ancé ”
denying the averments the and
stating that the would be
subject to fl1e.Vtex’m$.-~«a°;*;£d~ “the policy and
sought fozf
._ — ._ab__eve pleadixm, the ‘fi’ibunal
framed
” _ Does prove that on 17._()”/12% at
aboggtzoo p.m.. near New English School
on Gokak to Gokak fans are
._ of the motor cycle bearirg __
* .v_A’1~Z’io.KA.23/13.8827 was rash and negligent e
Hindrivingthevehiclc and dashedwiIma-
him and caused aecidalt?
2. Whether there was oontributoay neglie
of petitioner in the said accident?
/4»
3. Whether the petitioner is entitled_..___for
compensation? If so, at what rate and
whom?
4. What order or award?
5. In support of
examined his fatheij as Umrani as
PW–2 and eye marked If-)xs.P-1
to P-23 xtllompany got I§)x.R–
1 a eiiidence.
V abeve material, the Tribunal
has avs?4ésr(_IedVVc:oiia.1s)e:ileatien of Rs.S 1,500] – with interest
the rate (if 6%’ per annum from the date of the claim
A tion. Not being satisfied with the said
it and award, the claimant has prefered this
n T
7. I have heard the learned counsel for the
appellant and the learned eotmsel for the 3rd
X’
/54
ff
respoz1dent–Insurance Company.
8. It is subnlitted on behalf of the appellant
that the Tribune} failed to appreciate the faefi: the
appellant is a minor child who was only the
time of the accident and matnemdse’sese:§eqéa
of tibia and fibula to his left ieg ”
sustained permanent ” the not
grant any compensstiolg-err of future
income and that on various
heads is this Court
to awarded by the Tribunal.
V V_.’tbe counsel for the Insurance
of the judgment of the Tribunal
t1A1xé-V1t”‘**i:’t1e Tribunal has granted a just and
Et’essorx3}b1e”ieornpensation on various heads, which does
‘A interference in this appeal.
10. I have perused the pleadings on the record
and taken note of the submissions made by the
respective counsel. The only point that arises for my
consideration is as to whether the appeiiant is entitled
to additional compensation?
11. it is undisputed the appefiafitiwho is
minor boy had sustained closed’ :”of;and
fibula of left leg and an am: :22
days and as a reeult of i. would be
permanent diSaiC)ivfif3’V:i’t.0 could come in
the way _of and future life.
Though ‘ mtiirthopaedic Surgeon,
gitifiéit is united and that when
..-oghow up, the disability may
disappe?ar,_:’ of Rs.25,000/— W331 have to be
oiniwtlie head of disability since no
can be awarded on the head of future
A considering the fact that the appellant
_ T wéiefé minor boy at the time of the accident.
12. Award of compensation on other heads are
just and promr which does not call for any modification
s'”‘;=
in this appeal.
._ as to costs.
7
13. In my View a sum of Rs.25,000/- with
interest at 6% per annum from the date of the claim
petition till realization would suffice to meet theends of
justice and the said sum is awarded unde1r..t.£;e&of
disability. Out of the said enhanced
sum of Rs.15,000/~ with
deposited in any Nationa1iuzedé”Beflk 1
attains 15 years and the draer
periodic interest baianee
compensation feleased to the
appeflaet. in all other
‘
‘ ~ is allowed in the aforesaid terms
Sd/-u
Judge
Kmv