IN THE HIGH COURT or KARNATAKA AT BANGALORE
DATED THIS THE 23% DAY OF OCTOBER, 20
PRESENT:
THE HON'BLE MRJUSTICE N_..I{..l5}§TiI}::: "
AND ‘. 0 V
THE I-ION’BLE MR.JI3STIC§.
M.F.A.No. 2005
Between:
Md. Samiulla. .’ . ‘
S/0. Asiamkhan’-@ Kha1af1d3.’rkha.f:.,__ .
Aged about 18 g ”
N0.133, I-Ialéee-m _ _ V
Bannimanfap _E;x:tén’sio1i;'{:’- ” :
Mysore. ‘-
V ” ….AppeIlant
(By for M/ s. P.Nataraju Associates,
Advocates} ” »–
A_I_1_d,-f;f’ ”
S,/DI’-Ab-§U1AhH1€d,
».TM21J0r.’-«.
. DV;No.9V-L 5%-15VCross.
Infalefaninéigar,
Banrnmantap,
Mysore.
.A bdu1Ahad
. S/0. Hussam Sab.
Major,
f\)
D.No.10, Haleem Nagar,
Behind KSRTC Depot,
Bannirnantap,
Mysore.
3. The United India Insurance
Company Limited,
No. 1 134, Prince of Wales Road, –
Charnarajapuram,
Mysore.
Represented by its Manager.
[By Sri. Jwala Kumar, Advocate_l:for:_R3m:
R1 and R2 served and’unreprese1i.tjed]
” =l==i=a’=*=i=*.r;:~ ‘. 1
This MFA is filed U;/S i=?’3[1)_._of.AMV’j.Act against the
judgment and award dated: ‘?.8V/–O2a/T2-005″passed in MVC No.
202/2003 on the file of the:’y;¢Jud’ge,~_VCo1V;.’rt of Small Causes
and Additional £{riACT,’gMysore’_. =pvai’t1″y””allowing the claim
petition for” cenlpeinsation “seeking enhancement of
coII1l3ensati0!1.’1:__ A ‘ . 1
This’ * ‘ on for Hearing this day,
N.K. PATIL. J, deli\{ered–.fthe. following:
EJ libs MEN T:
Agappleairby the appellant is directed against
jadgment and award dated 28/02/2005
peeeee No. 202/2003 on the file of the Judge,
“-Court” o;_f2*Sma1l Causes and Additional Motor Accident
2 gV’*C;’1vair_n’S Tribunal, Mysore, [hereinafter referred to as ‘
.2 Trlibunal’ for short).
. g 2′ .v..Resporidents’e 2
2. By its judgment and award, the Tribunal has
awarded a sum of ?36,922/– with simple interest-at~._€3%
p.a., from the date of petition till the date__-at
as against the claim made by the…appel_lant oft’ ‘
?4,90,000/–, on account of the injuriels.
him in the road traffic accilcleintp.
3. In brief, thefacts case
The appellant about 16 years
hale and healthy,._ business. That at
about 3.30 the appellant was
standiing” the left side and
carrying lfooci. at that time, the lorry
bearing from Jawa Factory side
its drlVer”in a rash and negligent manner and
appellant, due to which, he fell down
stastaiililed injury to the left leg and ankle.
Immediately, he was shifted to KR. Hospital, Mysore,
,,,.”.Whe:reIn, he was treated as inpatient for 45 days,
_,,_t.hereafter follow up treatment and spent reasonable
%W
amount towards medical expenses, conveyance and
other incidental charges. On account of thevinjuries
sustained by the appellant in the said ‘i
suffered permanent disability.
the disability at 30% to 353% the
Therefore, appellant has “ac1aiV’m__ the
Tribunal under section claiming
compensation against said claim
petition had’, .co1ne before the
Tribunal. fill’-liiearing both sides and
after lldoeumentary evidence, has
alloweldtthle in part and awarded a
sum’ -as c’orn’pensation under different heads
” at e’%”‘p’.’a., from the date of petition till the
Being aggrieved by the quantum of
coIn_pen.satiion awarded by the Tribunal, the appellant
p1’vesented this appeal, seeking enhancement of
_ A’ compensation.
e«/win.
2′
4. We have heard the learned counsel appearing
for appellant and learned Counsel appearing for
5. Learned counsel appearing for
after going through the original
file, taking into consideration; ti’.1.e°lage,__”oecupation._
nature of injuries sustained ..:by,_the lapapeilant;’th’e”‘nature”
and duration of treatmentg..ital;;ei3 him’ landigafter due
deliberation in the e~vhiaye that, this
appeal may be a sum of
%3o,ooo/-9 p~.a., from the date of
petitinn’tillll.l.itvs§v and final settlement in
addition awarded by the Tribunal.
‘1lheV_”sL1bnilssion made by learned counsel
“v.,ap’pea1€r.ing”lfor bothmthe parties as stated supra is placed
r ‘
7:» ifhllelllinstant appeal filed by the appellant is
of, modifying the impugned judgment and
-award passed by the Tribunal, awarding a sum of
130,000/~ with interest at 6% p.a., from the date of
AM
petition till its realisation, in full and final settlernent in
addition to the compensation awarded by the
The Insurer is directed to deposit
compensation of ?30,000/- withrinteresgt v;’:é’eriodV ‘
of two weeks from the date of o:f”a.AeA.copy
judgment and award.
The enhanced .c;ompens.atioi1a..sha1’1A’be “released in
favour of the appellant, deposit by the
Insurer.
35/’i
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