In mm men GOURT Oi' KAMATAKA. AT mnaamns
DATED THIS THE 15th DAY 01? DECEMBER. 2008
BEFORE
THE HON'BLE MR.JUS'I'ICE SUBHASH B.ADI
M.F.A.N0.5'788_[__2008 (we)
BETWEEN
1 SHIVA MOQLYA
AGED ABOUT 37 YEARS I I
S/0 SR1 NARANGA MOOLYA
R/AT aumnmnxa, HIRGANA POST
KARKALA TALUK " - . «. "
UDUPI DISTRICT ' APP.1§!.,i.A.NF;
(BY SR}: PAVANA CHANDRA SHETPY 1--:I,"'g~;..f:_'>'*x.r.)_
AND 1: % % _
1 Sm VANITHA s SHETTY I I ' I
AGED ABQUT32 YEARS-»._' '
W/O SR1 SI-I'i'~.M»SI~IE'1'I"f_
R/AT' sHAM~N1L.'m'A, 'V
MADINAIMASJID, '~
NEAR 'i'AL1.IKI€}Ff**I€3Ei;.' .
KARKALA TALUIE, '
' THE'BRAI~ICH MAI*eIA.(_}__EF.
I' * THE NA7I'ION.&L INSURANCE CO LTE}, '
g » FEES?' FLOQ~R,"*N_I'I'HYANANDA COMFLEX,
NFJARA MQODABIIQRI,
RESPQNDENTS
_ _'I ~.._»{3¥V$RI: NI U IQQNACHA, ADV. FOR R2)
_ A 'I"HI'Sn MFA IS FILED U/S 1723(1) OF' MV ACT, AGAINST THE
'=.Ji5DGE'ME_I'IT AND AWARD DATED 29.02.2008 PASSED IN MVC
A ".._VNQ;'.1205/2006 ON THE FILE OF' CIVIL JUDGE (SR.DN.) 85
FIDDITIONAL MAC-'T, KARKALA, PARTLY ALLOWING THE CLAIM
F'E'i'i*i'I£)N FOR COMPENSATION AND SEEKING ENHANCEMENT OF'
f; QQMPENSATTON.
' THIS APPEAL COMING ON FOR QRDERS THIS DAY, THE
COURT DELIVEQED THE FOLLOWING:
_g-
fl
Notice to respondent No.1 is dispensed with at the
instance of the appellant. With consent. matter is taken up.__for
final disposal.
2. This appeal is by the claimant seeking enhanétexgaenhf’ ‘
compensation.
On 2.1().fl6, claimant suffered ‘;inju_1jr if
accident on account of rash and 15:e5gligene’d1V{ivingT’
bearing I’~Io.KA.20~'[“?79 by its jag has
produced E3x.P2~ wound ‘%{\»?}’ev\’.]’.£?§L’£’1V’:v”‘éAiii2s”1?§}OSCS that the
claimant suffered bl-mt ‘. Rapture,
abrasion (X) left elbow, abrasion (X)
cm over has been examined in this
case, however, Ex.P8 series- medical
bilisv It has come in the evidence
inpatient for a period of 13 days. Tribunal
mnsinef-hing on record has awarded compensation
of Rs.24,6c§>1~–}
‘ counsel fizz-1’ the appellant submits that, though
. evidence was pmduced before the Tribunal. the
overlooking the evidence. has granted meager
.V.-ucompensation. He submits that, the claimant has sufiered three
-3*
injuries and disproportionate to the said injuries. the
compensation is awarded on the lower side.
4. Sri Poonacha, teamed counsel appearing far the insurer
supporting the findings of the Tribunal submitted that,;'”t11c
‘I’ribuna1 considering the entire evidence a,
compensation has been awarded.
5. It is not in dispute that, 3 e
injurxe s in the road accident and it is alsfigot in diégsitg’
the insurer has admitted the :iabi1it’y’;’eer§g:ns:dc:’mg’$’ete1%e of
injmy, the Tribunal Vvfeeveonable
compensation. Towanis ;§2’s.15.c»oo;~ is
granted. I dgjv to enhance. Towards
nouzish.mentvv’A*ag:1d Rs.1,300/~ is awarded,
same is ~, towards loss of amenities
medical expenses, even in the
j <)f_ must have spent some mount.
10,.{‘K)§]«- towards medical expenses and another
R$;1Q,O00’/~ towards disability] discomfort In all, the
entitled for compensation of Rs.55.00(}l~ with 6%
‘ fiom the state of petition till payment.
” wfioconiingly, this appeal is partly allowed.
Sdifi
*APl- Iucige