Shovel Civian Rego vs Abdul Razak on 24 October, 2008

Karnataka High Court
Shovel Civian Rego vs Abdul Razak on 24 October, 2008
Author: K.L.Manjunath & B.V.Nagarathna
MFA.No. 3395. 2003

.. 1 ..
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THENEAY or? GCFOBER, 2003
PRESENT
THE HoN*ELE MR.JUS'I'ICE K.L.MANJU;§5fifHE.f"Ej'--.E:..
THE HON'BLE MRS.JUSTIC.E"B.V.Ni§éA§§fET§fiNA;,f,  
M.E.A.N0.33é§:={2é§_03' 1 A    
BETWEEE: jj %' 1% A'
SHOVEL clvwi  '

AGED 10, s/o;$v1,vEs*rE;e-E REG5 
RERBY ms NEXT 1:21-EN;3:,AN--:: NATURAL

 
 ..A..GE[5..[ o,.s*zLvEs?rEE AJITH REGO
 R/AT"KADIKA}J!BL¢A HOUSE, SHIRVA POST

2._UEU:9.I 5"§'%3.,_1'1{5  .. '
V % 4% ...A,P.PELLAN'I'

 Sm K GiR!1f)}§£AR:, ADV.)

 AB-EUL RAZAK
.. AGED 21, S/QSABAN SAHEB
'=R/ AT SORKALA HOUSE, SHIRVA VILLAGE
UDUPI

2 IRENE VICTORIA CABRAL
AGED 35, W/OJERALD PETER
CABRAL, Fa'/AT DOOR NC). 15-16(1)
MARKET ROAD, SHIRVA, MANCHAKAL
U01}?!

3 NEW INDIA ASSURANCE CO LTD
BRANCH OFFICE, MODERN BUILDING

 



MFA.No.3395.2003

unconscious and was aackmitted in intensive care unit of KMC

Hospital Manipal and was discharged on 28.1.200(,'i.:.._ 'As a

msult of the head injuries and other injuries,__ 

had to discontinue his studies. conmadsngj ':V*.:1i:§{::h.e   

aufiéred permanent disabiiity, he  ifirge '12 

seeking compensation on vazrious heasién

3. On receipt of nofice  theV.'i'3:ib"tr.n;é_LR}§ee;jéi1denfV

Nos 1 and 2 did not vappear_axid.. while

Respondent No.3 insane 3    its written

siatemeiit in the clam1′ petition
and oéntéxjdmg had occurred on account of
the on the part of the claimant and

souéhtefogjdismissal of the petition.

.’ the above pleadings, the Txibunai foamed the

.~ ~ ‘f..–“”I. Whether the petitioner proves that he

17961 Vwiih an accident on 23.12.1999 at about

” 9.00am at Kadikambla of Shinra vilfczge while he

* was walking on the side of the road qfler
crossing the said road?

2. Whether the petitioner proves that the
said accident was occurred safely due to the rash
and negligence on the part of the driver of the
Marathi Omm’ bearing registration No.KA«-

/£95,.

MFA.No. 3395.2003

__5..

6. We have heard the learned counsel for the appellant

and learned Counsel for Respondent No.3. J

7. It is submitted on behalf of the appeI.Esa::;t.’jt3i’ef;VV”-12;:

‘i’ribunal fafled to appreciate the evideneefofo 1″

Satyanarayana Shenoy with the Vi1:ijuL’1V’iesbT AV

caused to the brain which is wnehessééd by I-‘.. ‘bein.g

the disability certificate afidvfiiexefoié tt;e–f:§;¥;bii;fié1″oijght iio
have awarded eompensation” the ’10$S’.r’ 0f memory

power, as Well as Iossof éxylenifies; Further the amount

awanied expenses and incidental charges is
also he requests the Court to 11:-

assess the compenséfion. »

V T. while supporting the judgment and award

.’ ‘o:f’Vt11ev_’I” ;1*1¥hv_::i13n:: al, counsel for the Respondent No. 3 Insurance

had contended that the Tribunal has considered

” evidence of Doctor as Well as the documentary evidence

and has awantim a just compensation which does not call for

‘ any interference in this appeal. Taking note of the rival

contentions, the only point that arises of our consideration is

to whether the appellant is entitled to additionai

compensation. ‘

MFA.No.3395.2GO3
… 3 …

income has been computed. We propose to It:-asaess the

compensation as follows:

Injury, pain and sufiisriazg Rs. 75,(}(}»{)}*

Medical expenses and incidental charges Rs. ‘Q .


Future medicalexpcnses    

Loss of amenities     

Loss offI1ture income     'Rs,  
Total   Rs. 

The said compenaation _at 6′ ‘AA:V p.a. from
me date of petition ‘ ‘>~7IQv’;’t of the said

compensau::»:§A’s;'”a£R$;-._4,éG-,9e9}- $113.11 be deposited in

any appellant attains the age of

majotity ‘shall be entitled to withdraw

_ penmijiéaz inte:é$a §:;;; tfic said deposit. The balance deposit

to the appcfiant.

._ allowed inpartin the above terms.

Sd/-

Judge

Sd/-K
Judge

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