M F A No.i096'§'f2G06
i
{N THE I-HGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26"' DAY OF MAY
BEFORE _ _ _ _
ms Horrnm DR. wsrxcn
MISCELLANEOUS F§RST AJPPEAL No. },:{}§i§§?f[x'2dG6 (wk; 3
BETWEEN:
Shckara,
Aged about 29 years,
S/0 Puttaiah,
No. 180, 93' Cross,
Mandya;; ' . Appeflant.
Sf
Siddeswara Tcxtiics,
--Guthan:%fioad. Mandam-
.' 'Vifihakantcgowda, Major,
SE 0. Nanjtmdegowda,
' "flalagur Village 82; Hoblj,
" Maiavalii Taluk, Mandya District.
3. The Branch Manager,
National insurance Co. Ltd.,
M F A No.1096?i2006
VV Road, " '
Mandya. . Rgfipondents.
(R-1 is served)
(By Sri K B Sathisha, Adv., for Rv2)
(By Sri O Mahesh, Adv., for R---3),'
This Misce11ancousé}&ppe:i1 is "under Section 1'T3(1) of
indian Motor Vehicles Act"f':thc ;}u t1,g:11cI:.t and award dated:
31-05-2005
passed in MVC N-o.._2s9;2oe:o Gnfthc file of the Prl. Civil
Judge (Sr. Divn.) 8e’R1ACT.;,”Mau:i€ya,’Apa1fl}*alléxvizng the claim petition
for compensation” e:;1hzi.iz3ce1i1ent..€>f compensation.
This 11aé:an’;1V’J.4g”‘tV11is day, the Court delivered
the followizlgg ” _ V’ ”
V’
flfijtie’ appenaafijciaifilant in MVC No.259/2006 an the file of
/ MACT at Mandya, is before this Court under
Motor Vehicles Act, 1988, seeking enhancement
” of by way of mwification of the impuwed judgment
” awmfifiamd 3 1.5.2005.
2. Lfié-“l1ncd~Cou:1se1 for the appeiiant submits that though the
had sustained fracture of mandible and loss of tooth and
other injuries on his face, the Txibunal has awarded meager
M F A No.£996’§’f2006
compensation of Rs.21,900/–. He further submits that no
compensation has been awanicd towards loss of ameniticg of Iife.
3. Inamed Counsel for Iespondent “tht
Txibunal has awaxvded reasonable ”
consficrafion the nature of injuries th:-, –:
award does not call tin’ interferericnt, _ .
4. On appreciation of on thg Tfibunal has
awarded ‘i.*1:”f.’2=,\Vf0ur V claimant as under:
(3 % Rs.15,000--0O (ii) % Rs. 2,400-00 cycle' Rs. 3o0--o0
A (iv; aTl’razi1sportat:io11, conveyance
V’ T. _:”«..«V_aVa2tiA.1.1£§;1zishmcnt charges Rs. 4,200~O0
..–_____…_____..__…
AA Atimittedly, the Tribuzxal has not awaxded any amount
loss of amenities of iife. As the claimant has suffered
VT of mandible and loss of tooth, meiefem it would meet the
M F A No.iO967f2006
ends of justice to award additionai compensation of-Rs.20,000/~
towards loss of amenities of life.
6. in the result, the Appeal is
appellant] claimant is cnfitled for /~
against the compensafion of ag the
Accordingly, the impuguegi ju;3g;:.}§§at”a;;d .aim:1 modified. No
costs.
I is directed to tltzposit the
axiditiozxiéfii along with interest thereon with the
today.
The’ is at iiberty to pass appmpniatc orders mgaxvding
sag:gaep¢§;:.
Iޤg??e?
J .