MFA N0.22922 of 2009 IN THE HIGI-ECOURT OF KARNATAKA CIRCUIT BENCH AT DI-IARWAD DATED THIS THE 28'?" DAY OF JANUARY 2910 BEFORE T' THE HON'BLE MR.JUS'1'ICE v.JAGANI§AinA§i MISCELLANEOUS FIRST ApPEA.L»aNo..229_'2':i'['2"cba mm u BETWEEN: " 'L A 'V H Shankrappa, S/0 Dundappa._H~a_dapad.,_ Age: 22 years, ~~ _ Occ: Barbar 85 Agriculture, -. Now NiI,R/o YadWac'1,--,_ j Tq: Gokak, Dist: Be1gaL'1Vr§1.' . ...APPELLANT (By Sri. 1. LaXma'13,_, S Daddagol, Age: majcnf, Occ: Business, R1] 0 Hunsya}--..PY, Tq: Gokak, . A "Di'st1:""Be1gaum. """ " ' ~.. Manager, United--'V.'E,jndIia Insurance Co. Ltd., 12/ by it'Vs}=the Divisional Manager, Di'i[iSi.OI1al Office, Theljnited India Insurance Co. Ltd., " ~ 'T "Maruti Gani, Belgaum. ...RESPONDENTS
(By Sri. Ravindra.R.Mane, Advocate for R2)
MFA No.22922 of 2009
This miscellaneous first appeal is filed under
Section 173(1) of the Motor Vehicles Act again:2_t”‘»the
judgment and award dated 02.06.2008 passed–‘ii’lw__’MVC,
No.1l37/ 2006 on the file of the Principal C’iv’–i«l..[J.1idge~~.
(so) & Addl. MACT, Gokak, partly a;1,lowing’*-‘”the’s ‘ g
compensation and seeking enhar-w:.,.einVe11t . of
compensation. 7
This~ miscellaneous first coming
orders this day, the Court delivered the foll;.JWing_;_H i V
JUDGMENT’ ‘
Heard the learned :.fo”f-tl1.e’lparties finally in
respect of the” V__appé§1~. . claimant for
enhan.cemeI’1t”v-:)f if H
2’; Shri Hanrnant.R.Latur,
submits the -Moto1’…l5&ccident Claims Tribunal erred
the income. of the appellant at Rs.80/ — per day
being engaged in barber profession,
iii/’as more than Rs.l0,000/~> per month.
i’v..,Secon”cl:l}}1~, the loss of future earning capacity percentage
is also on the lower side and further enhancement
sought under the heads ‘medical expenses,
2?
MFA NCL22922 of 2009
attendance charges’ ‘loss of amenities of life’,-and
no amount is given towards marriage prospects. T
3. On the other hand, submission ‘v
RaVindra.R.Mane, learned 3
respondent–insurance com}_5any,
Accident Claims adequate
compensation; that th_g._}§’erc’ent::agé”QflAd’isabi1ity taken by
the Tribunal isltself that the
income given an upper
revision,
4.l”In the above submissions, I am of
the View that.._:ltheT’ iricolrne could have been taken at
pier daglzwlas the appellant was engaged in
andlhdisability at 15% having regard to
the ‘lim1:}_v’dis:al§i1ity which is put at 45%. Consequently,
lundper the head ‘loss of future earning capacity’, the
Jactuall amount to which the appellant will be entitled to
-is7:Rs.1,16,640/– as against Rs.51,840/- given by the
iv
9
MFA No.22922 of 2009
Tribunal and the difference under this head will be
Rs.6-4,800/–. Towards ‘loss of amenities of life’, a
sum of Rs.I0,000/- is awarded and towaiids ”
expenses, diet, attendance Ch:-c11’g€–s¢ at
together, Rs.5,000/– more is
marriage prospects’, a suni V
Thus, the compensation&getAs”eriliatiE;e.d Rs.8é,800/-.
The said amount will annurn.
Award §j»5″=r;ii)dif’i.edg allowing the
appeal
saf-
Iudge
Kms*