IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAE) DATED THIS THE 23*" DAY OF FEBRUARY, 7%«_: . BEFORE: % _ Q THE HON'Bi.E MR. JUSTj3E»N.K. 4 M.F.A.NO.13O71 omasImv;T BETWEEN 1 KUMAR SOMANATH sro AS!-IOK AL,A\fl.--'ANI AGED ABOUT 17 YEARS sINcE"MwjoR "-» REPRESENTED BY 5-us I~'ATL.!RAI__G'UAR.DIAN MOTHER SMT. um wxo P.SHOK;--AI-AWANI I R10 2123 RAJARAM NAGAR, 'B"'UDYA_MBAC§'~. BELGAUM TALUK AN£:"£::.sT;V -A 2 '* 5' , ' APEELLANT (Ey srs: ?.*IAN§.'&j'€*I)b.T_HIA1?:I.IIELED:_:A_I:3V§)CA'i'E)'V I AND: _ I _ _ . 1 a:FER0'.:I*s:%3,.Ng3RUE)f5I:si_'SAIT. 'E10688 RAw.5RIEEr.3ELeAUM TALUK AND VDIST2 v_BEL§s».,L;:¢. 2 THE EBWISIONAL ?v1.ANA§5'ER ; ' =NATIONA.L INSURANCE CO., LTD. . DIIJISIONALV-OFFICE 1732, FIRST FLOOR ' RAMADDEV GF\i;L*I BELGAUM 1'ALU_K'AND DIST: BELGAUM " .. RESPONDENTS
1. LE’. ‘§II?iNN{§DIi3AR ADV. FOR R-2)
1″ .. ‘m1sVM.F.A. IS FILED uzs 173(1) OF MOTOR VEHICLES ACT,
PRAYINGTO SET ASIDE THE JUDGMENT AND AWARD PASSED IN we
‘ ‘V I “$50.4 20129003 BY THE I ADDL. CIVIL JUDGE (SRDVN) AND ADDL. MAST
_ BELGAUM DATED 6.7.2006 AND AWARD A REASONABLE COMPENSATION.
THIS MFIA. COMING {IN FOR ORDEFIS THIS SAY, THE COURT
__5MAaE THE FOLLOWING:
:JUBGMENT:
Though this matter is posted today
with the consent of the learned
both the parties, the matter is-‘ta_igen iiipvifcr 2.
2. The petitioner-appelidvnt.V’,pe.iing by the
judgment and award ‘ passed in
M.v.c.Na.2o12I;oo3 by Civil Judge
(Sr. Dvn) and (hereinafter
reforrocitoos short ). has Presented
this appea_i_,” pseekin?g’-o’r2tjéncement of compensation on
V the gprgound that-,2 awarded is inadequate.
3._i”KThcf4*’-.._petitioner-»appailant herein had filed a
rciaimtrpetaaanditgsm-e the Ciaims Tribunal in M.V.C. No.
2 ~Vv2G12i2QO$,”ciaiming compensation on account of the
. custained by him in the motor vehicle accident
occurred on 22.8.2003 when he was coming from
, high schooi on his bicycle Be!gaum-Khanapur road in
front of REMCC) factory flat time, tanker Ashok
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5. After careful perusal of the judgment and award
passed by the Claims Tribunal, it emerges that,,.V’in:”‘taet,
the petitioner-appellant has sustained grievotis”inj:ir*i–eson
account of the accident whichecourred”‘6:a’.’;V22i8′,2U€i$”
when he was coming from his high
on Belgaum-Khanapur roaid’v:.,,’fin._front .__of
due to the rash and..__neg!igent di*%x{ingA”e¥*-eth’e Ashoka
layland tanker. The as PW2 has
stated that, the1oetitio=ner- –appeli’airat sustained oblique
fracture right tibia bone of the
right firstiand’ he in his cross examination
that “after the broken bones are united. The
has awarded Rs.15,000l- towards less
H Veemfort, happiness etc.” and the same is on
little: remit side. Hence, a sum of Rs.10,000l- is awarded
‘ x_t§’t:i_ae petitioner-claimant under the said head in addition
it into the amount awarded by the Claims Tribunal. Further,
the Claims Tribunal has granted a sum of Rs.’l,0GG/-
towards medical treatm%/) and the same is inadequate,
g/v’/__M,__a.W—»~v
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for the reason that, the petitioner-appellant
admitted in the hospital as inpatient for about–seVeh’,;’da}*s.’
and therefore, the Claims Tr_ibunal dhiave RV’
awarded just and reasonablelflaénouruffor’,
treatment, food, nourishment”~~..and’V’ etc.«,._V oft”
awardéng Rs’! ,ooo1-. jher,s=drs., tiitd’er said head
also, the petitioner-apoallant another sum
of Rs.4,0GOl- in awarded by the
Claims .
and circumstances of
the case the judgment and award
passed by .Vthe,_V_V’:C’)lai’n’is. Tribunal is hereby modified,
of Rs. 4,GO0I- under the head “medical
and etc,” and another sum of
V ‘under the head “loss of amenities, comfort,
“.,fjha_ppineess etc,” Thus, the total amount of additional
it compensation to which has petitioner–appellant is entitled
it . it to comes to Rs.14,000l–, which shall be in addition to the
amount awarded by the Claims Tribunal. The said
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enhanced amount shall carry interest at the rate__ of 6%
as awarded by the Claims Tribunal in the .4im§u»QnVed
judgment and award from the date of ‘_
realization.
7. The second respondentla’b_e:in_gz’théhv_..§:§1s»ureE3?./,{vheVV
vehicle involved in the s5ha!!”‘.= thell
aforesaid additional ‘:a~mou_nf”lldfdagyfnpensafivénllalong with
the interest thareon,’Awlthihl.~’fd{jr from the date of
receipt of fhiajappeal.
1_A\&favrd…$_g:llal¥’he-‘.mod§fied in the above terms. The
appeal stands’ ‘accordingly.
Sd/.3
judge