it 2% IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD. DATED THIS THE 3rd DAY or MARCH 2010 PRESENT THE HON'BLE MR.JUs'r1cE_N..K._pAT1L"'p"'= AND THE HONBLE MR. JUsT£Ca';s.V...s.PAoHHAPii:éE:i._'~«-H Miscellaneous First_Ap;3ea1__I_\j:3Vo-... of Between: North West Karnataka Road V Transport Corporation Central Office : Gokul Road 1 Hubfi .. By its Massaging"D.%,re':f;t'or':if; " V .. Appellant (By Smt. Aniiradha' for M/ s Rao Assts., Advocates) And: H"arish.r._Cha'ndappa Panirfsar S / 0. Chan_dappa.Farfimar Aged: about '35"v3;eta.fs " v R/ o Obalapur' =..__I§'.arndurg Taluk 'V v Beigaum " ~ ' " "(Essa Vé;ghnes*nwar E3.Shastri, Advocate) .. Respondents _«This rnisceiianeous first appeal is filed LE/S 173(1) of MV Act '4 _'agaénstV'§the judgment and. award dt. 22.02.2006 passed in MVC N0476/2005 on the file of the Civii Judge (Sr.Dn.), Member, Add}. MACT, Ramdurg partiy aiiowing the claim petition and etc. This appeal coming on for final hearing this day, N.K.Pati1 .J., delivered the following: JUDGMENT
This appeai arising out of the common judgment 0.
dated 22.02.2000 passed in ivivc No.476/2005 on” ‘t’i1s:’_§iie”~of’ .’th<:i 1'
Addi. MACT, Saundatti at Ramdurg. Thefi'rib_unai initsiirnpii'gne:1r_'i
judgment and award awarded a sun:to-f__Rs.7;29i,i3OO/r–'Viéi~iVth<_iVnteirest
at 8% pa. on account of the injuries sustained in ._the road traffic
accident. The compensation awa'rdec–i_ by .tho.._'"Pri'biinai is exorbitant,
disproportionate and excessiye a_ndi__ 'iiabief; ..:0 be reduced
substantially,»}i*edn.cAe'jtheiia;ppe'i1ant–Co'rporation feit necessitated to
present this appeai. ' i
2. The brief i’act’s drthe-r_cd:~;’e: are:
claims that he is aged about 34
yeaii=s’a.Vnid agricuiturist by profession. He was haie and
.’ii”i.__Jhea1thy’ wheii’j_th’ings stood thus, at 7.45 am. on 17.10.2004
he ‘proceeding on a niotoreycie bearing registration No.
H from Mudhol to Obaiapur “Panda, the said
* “_v~.in.otorc3§cie was driven in moderate speed with care and caution
14)
following the traffic rules and regulations on the left side of the
road at that time KSRTC bus bearing No.KA.22.F.l329 driven by
its driver in high speed and in a rash and negligent mariner dashed
the motorcycle as a result of which the appellant fell
sustained injuries. He was immediately shifted to hos.-pitlal’ .
EXP14. The appellant sustained fracture of Wtithu
dislocation of hip and fracture of rnidcile third righhtlti
fibula, fracture of left superior ands»inferior”pulbic re-.iri”,’Vhe_rilu_i§1at€3
dislocation of right Wrist joint and doctor has
assessed the disability at 55″/tutti..the’_xleft:lirn}3.and 40% to the right
lower limb and 30% to the lirribsl”iC);nl.l-account of the
injury sustained he has undergone
treatment fO:1:«..’ta’- in the hospital and also
undergone implants have been inserted.
al.ic1’airr_i____petition. for compensation against the
appell»an’t–v(:orpo«ratior3. and owner of the offending vehicle. The said
claim Tribunal and the Tribunal in turn after
assessing the “ora1″and documentary evidence on record and other
_ matevrlial on file has allowed the claim petition in part
l’=l,”_’.V:a~.v_ardi’nEg’a’ilsum of Rs.7,29,300/~ with interest at 8% pa from the
3 iiiiiiiiiiiiiiiii W
9
(vi) The remaining 25% of the compensation amount with
proportionate interest shall be released in favourVof”LEj1e
respondent immediateiy after deposit by tE1ev”i’:1é;Lar.§irik:f:”
company.
(Vii) Draw up the award zzxccording?-5/.
.o3UDGE
o-§_,o WjJUDGE
Pmg/