IN TKE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS Tm: 15% DAY OF SEPTEMBER 20m.. _S
BEFORE
THE HONBLE DR. JUSTICE K. BHAKTr1Ax*;.»'3§SAL2$:
MISCELLANEOUS FIRST APPEAL 1\:Q.5fz4:3jzV/£2065' « T
BETWEEN
Mr. Madhava,
Age: 55 years,
S/0 Theethu, ' f
R/0 Mailenahalh Village and Post; ' _ , . _
Chikmaga1urTa1uk. " ._ _ Appellant
{By Sri H Malatesljg for appellant)
AND
1. Mohammed7ISmaii@ Afioz;
Major, '- 2 ' = '
Driver of Kushali, VA _ . A.
Bus bearing l\Fr).KA I"E}/.5859,
C/0__.M M G1afg)or;'~ ~
pmp: Sha,h'iv;1éi '£?T1*an's;port,
M B'R0ad,=.. V -
Shim0g_a." V _
A Gafodr,
S/O M0hamfn.edv'--.VISn1éii1.
. .Q'_v*.»in<er'Vof the Kisgshali Bus
4B_éé':::'1'I1gI~3oS.SKA~ 166859,
~, «V Shahimi Tfrafisport,
F0
3. The Manager.
National Insurance Co. Ltd, _ ..
Shimoga. 2 Re.s.pondetits
[By Sri K N Srlnivasa, Adv.. for R43)
(R1 and 2: notice dispensed with)
This Miscellaneous First Appeal is filed' under s.etét::o:1,_17:}:(i) it 9
the Motor Vehicles Act, 1988 , against'1.,hE:..judgment-arid award dated V
4.4.2005 passed in MVC No.2'78/l995l"oI'1 the file ._of'Adci;l. District
Judge and MACT, Chikmagalur, partlyallowing; the clain1VApet.ition for
compensation and seeking 'en"l;an(--*.em.en1;« "compensation with
interest at 9% per annum. ' 'M " r 'A
This Appeal coming on for hearing daygthe Court made the
following: _ _ L _
" V '. '''Jtr15€5;'§:ta{1e:aJi1* it
The appellant, ,th€v4c}a:i'rnant in MVC No.2'78/1995 on the
file of Addl. DistrictcvJudge:/ixdoiior Accident Claims Tribunal at
Chi_krnagal1_ui, his befolrei-..this_Court, praying for enhancement of
con1p_ensat.ion._Vl' -- A.
2: '--Al;e.arn.ed«."."p:Counsel for the appellant submits that on
VV'l2.4.--l995 the appellant/clainiant was travelling as a passenger in
"bea1'i1ig registration No.KA~16w5859 and due to rash and
of the driver of the bus, the claimant sustained
'i,
;
5
grievous injuries. He further submits that the Tribunal has awarded
a meagre compensation of Rs.20,%O{)O/-- and prays for enhancenrient of
compensation.
3. Learned Counsel for respondent No.3/Insuralneev{fompanyiu
submits that the Tribunal has awarded adétiquatitic.oi:}pensatio:*i_p.g:’V x_ T
4. In support of the case of theitappellant/lclaimanigfihe glottal’
himself examine as P.W 7 and got marked-}:xs1gP 79 to
5. In paragraphs 42 to T’tl::i’e” judgment. the
Tribunal has discussedgaboutizlthel ‘qpuant’ar_ii_Vof coinpensation. It is
the case of thelvelairriant .years old, doing Coolie Work
and he sustained togjhoulder joint. He has produced
disability certificate has got permanent disablernent
to the exteniijpigofv 200/o, ifi$ut..Vti1_e__Medical Officer was not examined. The
clairnantiwas in~«patier1t for three days. Exs.P 92 to 99 are
‘jgthe medical._presc’rfipti~oris.. The claimant has produced medical bills
5
Exsr as m.I:97;v in all amounting to Rs.667.7l pg, The Tribunal
. . corripensation in all mno Rs.2G,O0O/–.
6. Keeping in View that the claimant sustained dis~location of
left shoulder joint. which is grievous in nature. the Tribun.alli»-_<'eo31ld
have awarded global compensation of Rs.40,00()/~, bu.t__.tfh'e' _
has awarded compensation of . "ihea.
appellant/claimant is entitled for add1itionalA. L
Rs.20,000/~. V l l. l. ‘V
7. In the result, the Appeal is allovved; that the
appellant/ claimant is entitlet1._”‘:._for.’_l§V _con1oensation of
Rs.20,0()0/– along withposts Vtlj1jel–l”rate of 6% per
annum from the date till’
is directed to deposit the
additional the Tribunal within two
months from todayiu” V
is direeted to release the same in favour of the
sd/..
Iudge