IF!' THE HIGH CGbn"':" "GE-" ia'n'I'AE'nA fin? 'Bum_u.:.nuun.:u
BEFORE
mm Homnm MR.JU8'l'lCE 3.3. éfirxgi '
Mohammad,
S] o.Khaja Hussasin,
Aged abaut 41 years,
Cycle Rickshaw Pu11e1:,"'~~d.
R/'.o.fi'arpaia 'V'-iiiage '
Anantapur District, _ . '
Now R/o. C/o;r€hadar"Bas3ia, "
Cycle dRicks11etw;. Qwner, { = '
Near Sanga1n44Ti§1_1;ies,_' __
B.r_=J_1a_ry4 A d APPELLANT
{By ' 'Mm R:-:dd'«", Adv.)
1.
_K.S.PdrabhanjanA;*-._d
4; 3;’ 0.18126 Sxinivasa Rao, _
._f_ ‘<D;?ivt::1:/ ownemg the -Maruthi-Van,
' Béflugfing ,_§3e%t.'r'9.*..ir.1-11. N-'.)=K.A.-Q4,' N-3.94,
" TR'/p;N6.8'1–,. 'Akshaya',
Near 0ct1'oiGate,
Ganeslj:-. Hagar, Bellary District.
2.d _T1ic_ Dvivis-ional Manager. %
‘ n T M! s.Orienta1 Insurance Co; Ltd., _ _ –
V — 583 101. RBBPOIIDIBNTB.
g {By SIi.’P.Subr”a.u.au'”””3′, Adv. for 132*}
Smt. Harini Shivanand, Adv. for R-2)
This appeal is filed u/s 173(1) of the -Motor Vehicles Act
against the Judgment and Awaxd dated 15.09..’20G5 passed. in
I’vi’v’C iv’o.10″.21i”2(‘:00 on the of the Member, IviAC”i’-I ifil.
District Judge), Bellary, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
This Appeal coming on for admission, this
d….li.ered the following;
1. is an appeal _tl1e 1 ti} seeking
enhancement of compensatioiii; .. e
2. “‘1r- ciaitrrmt siifiered– perscr” 1n_*;”u1s-[es in mm a~’-u.ident
that 0CC1.1I’If3(i (*)’fl.v’.’?. 1 was plfliing
the cycle Station Road,
Bel1aify, a No.KA-O4/N~8394
-with high speed in a rash and
negligAeI1t:’man12ei”‘:’.=siAJ1ii: against the rickshaw. He was
trefatezi in Institute of Medical Science and later on
” . ~ _tmentin the Government Hospital.
ciiiagamg that the personal injuries left behind
disability he filed a Claim Petition seeking
it ‘ccn1pensafion in a sum of Rs.2.20,000_/-. The claimant
claim’ and examined one G.N’agaraju as R.’v’v’.1 and marked
Exs.R1 to R4 in support of their case. The Tribunal, upon
consideration of the evidence on record, both and
documentary, Iecorded a finding that the
due to the actionable negligence on the part
Maruthi Van and awarded conipensation_.v.uint. off
Rs.34,000/– along with 6% intezest.fron1A’t11eii an L
its realisation. A 12 ‘ex: :1 the “‘ooinpens__ti’;’n
4. I have heard the the parties.
5. The§.ciLafin1ant.’ records such as
matter the documents to
evidence–_ ot’Vt:Ij1eat1nent he had taken. The Tribunal
has found certificate that the claixnant had
suigfeied fractaxaeof neck of right scapula and two other simple
p and agony, Ra’.5,GGGi- towards medical expenses, Rs.9,00Gi-
loss of earnings taking the income of the injured is
x Rs.3,000/– keeping in mind the evidence on record
the fact that he was working as a Cycle Rickshaw Puller.
H 6. ‘Though counsel for the appeiiant contends that the
Tribunal has not awarded fair and reasonable amount against
H
= ..Pf<s
' th' 'rrads, th' 'o"tentioI1 urged cannot be accepted. in the
absence of examination of the Doctor and in thegahsence of
production of any medical records, the Tribunal:
in quant1fy1n' ' g the compensation under it
has been done. However, the ' -.
a reasonable sum towards loss.Vo’f._amenities~ as at
fracture suffered by the .111 ,_n13,=f ..1I_1;’ of
‘I11 I’I911:”e _ I-‘In.-4: ‘Inn.-…-I 1533 If
RS duSflI’VCS u… uL.u.\..l ..n.I.-ta, ucuu
atu'”enit”ie”. In all Otfierpmspcetés, is no need to interfexe
with the quartturn orredmgsgtnttattop gated by the Tribunal.
7. In th_ re._1__- _nd .01″ the _amge1..g, the appeal ts allowed
‘ ‘ ‘ ‘ ” ._4._-4.1.. .-S
detei.~mm._ ‘ ed Ra.44,000/’–. rite ciann’ ant is entitled
for interest at§% the enhanced amount from the date
tilhhlddhdits-realisation. The enhanced amount shall be
‘ ‘deposttedxtrithin a period of eight weeks from today.