IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT
DHARWAD
DATED THIS THE 16"" DAY OF NOVEMBER 2009: Q _
BEFORE
THE HON'BLE MR. JUSTICE K. SREEEH/x;P§i1§A7:i»
AND
THE I~{ON'BLE MR. JUSTICE:R.AVI i\2:AaL11\{:2§TTT..;'ct
;:i ;:I Q _/\7s:. ("M ' K O I 0
Between: ' . _
Sri Manjunath s/o Sornappa Yernrni; _s " 0' V
Aged about 22 years, Occupation: V
Cleaner in WS Bharat Roadivinesg 0 , _
Hubli, r/o Hulageri, Ba§_darIE:»'t"a1a.1i{-.A
V - Appeilant
(by Sri Shivakumar. S. B.ad_awa'dagi,'i'T_; Nagaraja and
G.S. Balagangadhar,
And
1. M/s Bharat Roadii__n:es;''
«' 'V * _ Isiaiid, Hubli,' ..... .. *
Owner ofychi'cle bearing no. KA~25/A-589.
2. India Assurance Co.Ltd.,
L.B. Manizoddar, Advocate for R2)
-Ka;*'War_ . . ..
' ~ Respondents
“Fhis”MFA is fiied under Section 173(1) of M.V. Act against the
v judgmcntiiand award dated 20.12.2003 passed in M.V.C. No. 628/01 on the
_ T vffile of the Member, MACT-III, Bagalkot, partiy allowing the claim petition
‘ ” V ._ forcompensation and seeking enhancement of compensation.
AK
This appeal coming on for admission this day, Sri K. Sreedhar Rad},
delivered the following judgment. ‘
Judgment
l. The appellant–petitioner sustained fracture of both,_ilegs;ii.grievou’s’ i
injuries (internal) to his private part and pelvic,» boneigaridiipubicibolieyikhiighii’
damage to urethra in a motor vehicle accident. i”i7he’–petitiQn*er. is operated
twice and problem for passing urine has fully i”‘1’i’he.ili)octor has
stated total body disability at be exaggerated. The
total disability is assessed at negligence
of the driver of the insurance are not in
dispute.
2. The petitioner is His income to be assessed at
Rs. l,800/- pm. Theiiincome loisitproportionate to disability to Rs. 180/-
paii; r.efappreciation offe-.c.t–si’and evidence the petitioner is awarded Rs.
50,080/’«:’stoWards:_ipai’niand suffering, another Rs. 25,000/s towards loss of
‘ ” i’*s._;an2enitiesi sisa a_isc”s’;;ai*fsi¢,s Rs. s 159.00/.. towards. m-ed-ieal a-rid iii-cidentai~ it
..i_igi’_ex.penses, Rs.j9i_;(},00/– for loss of income during the period of treatment.
X 18 e Rs. 38,880f- towards loss of future income on account
‘ iifof._disabigiity. In all, petitioner is entitled to compensation of Rs. l,37,880/-
%/
as against Rs. 70,000/- awarded by the Tribunal. On the enhanced
compensation interest payable is 6% p.a. from the date of petition-.
payment.
3. Accordingiy appeal is ailowed in part.
4. Entire amount to be payabie to the.__pet_itioner Wlth,QtIT: afi–y4’Vp1’o\”/ision
for deposit.
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