I
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 215" DAY 01? JANUARY 2009
BEFORE
THE HON'BLE MR. JUSTICE HULUvAé§i.{;§RAMEsH
MISCELI ____.AM:0Us 1«"11;_.§-:'m%\Pfi_;*_§:z4.I, & L n
BETWEEN: A
Miss Lindsay Smith,
Aged about 20 yea2'$,'~~._ --- _4 V
D/0 Sri.Vernon Smifhg. V'
Residing atNo.2l,
Vishweshwaifiifihmigéfg' - .' -
Arabic Ccjlle§;c'P'osi;'
% ...APPELLANT
(By s:;.:§;:§ri§ima. ;ma~s,ri.s.<3uru Gopinath, Advs.)
AND: A
Vi. Hesanur,
3 Réssiding at O' Rajappa,
V Street, Hennur Cross,
. mlyafivflagar Post,
' vv.Ba;§g3:iam--560(}43.
A ..__'L'J'niL1A:{:'c1ATIndia Insurance Co. Ltd,
*~ Vlifigional Office, No.28,
Shankar Nazayana Building, M.G.Road,
Bangalore-560001 .
Represented by its Manager. ...RESPONDENTS
W
(By Sri.Y.P.Venkatapathi, Adv- fer R-2)
*1?
This M.F.A. is filed under Section
against the judgment and award dated 13.7.05′ in .MV»C
No.l36-4/O4 on the file of V Atidl, »Mem_’o”e1″”MA.C’T,v”Mayoiia.]I”
Unit, Bangalore (SCCH-20), partly aiiewi._ng’the ‘e.iai1i1’ipetitien___
for compensation and seeking e1i’hanie_ement’ ‘e_Ci1i1pc’9t_i3§itiv€jn.
This M.F.A. coming the Ceurt
delivered the feI10Wi2″3I- ‘
1’ seeking for enhancement
award pasfl by the Add}.
Judge No-23, Bangalore in MVC
Ea. ;%354;e:1, kt ~
i 5.7.9.2 around 4.30 p.m. near Byappanahafli road
crossing when the claimant was riding a moped
€Ne.KA03 EA 7403, the driver ef the lorry bearing
i it 07 X 9345 came in a rash and negligent manner and
it iiashed to fine hind portion of the moped due to the impact, the
claimant sustained injuries. She was treated at Chinmaya
Xv
3
Mission Hospital. Accordingiy, the claim petition was filed.
The matter was contested by the Insurance company since the
owner remained expartc. Based on the pIeacii.§:g”st’i’}.i4’¢fs*.s:’.I”‘:ibnnal
having raised three issues for ?ié:!.d
that the accident was due to tisasufié.-§_gEigvc§z1_cc”c:~i.§_.: éf tlég
driver of the lorry in qu.esfion .*– A §–~Iavingv iieid’; &.é1ssi’d.ed
Rs.20,000/- with 3% inteasésvtts’ Beisag’-.r:§ét’V’:sa§sfied with the
same, the appellant _
nlaimant has sustained fracture ofzm,
43′ *5?’ Bones of right foot. Operaiicn was
fixation has been done. Towards pain
‘ ” .. the Tribunal has awarded Rs.l0,000i-, Rs.84(}0f-
.’ A “V towards medical expenses, Rs.600f’-» towards
‘ncsxuésiiment, Rs.5()0f- towards attendant’ charges and
V’ x jfionvcyance and Rs.10,000i— has been awarded towards loss of
W
Rs.25,00(}f- awarded befurt: this Court shall carry interfészt at 6%
from the date of petitien till deposit. ‘ ‘V