INTHHBHHHICOURTCHPKARNATAKA CHRCUYFBENCHIUNDHARWAD DATED THIS THE 20TH DAY 05* AUGUST, 2_c;1'0«' ;_. A' BEFORE THE Hoxsmsm MR. JUsT1cE:A.s,_AABQPANi~;A..: " 'V T T M.F.A. No.207o5,i.2010fMQ BEUNEEN: SI-IRE RAMALING GURU'SHID£_)_A3~.SATAI€AIK._ AGE 43 YEARS, ocC:DR1vE,f:q.'_ f R/O ULLAGAD_D'I._KHAN"APUR;, 1 » TAL: HUKKER1,";),A1sT;BELGVA;U:v1 A " .. ".APPELLANT (By Sri. /S311"':"'VLiAyKfi?i§1§k1A_i§~ H0:§A*1"f1) AND .1- .!\-J ':'_4(§-Y sM§If'D0NDUBAi " W,/O N.I;~4 GAPPA KHADE ,A 'AGE 4'8"1'EAA--RS, OCC:HOUSE31-IOLD WORK _ =R_/'OT. KA_§\rAG.ALA, TAL: HUKKERI " ._DI_$T:'BE«;,,QA.§5M N A--'1'EO__NA~1AINSURANCE COMPANY LTD RAM.DE;_v GALLI, BELGAUM .. By ITS-'DIVESIONAL MANAGER u.RESPONDENT$)
ISRLM. Y. KATAGI, ADV. FOR R–2)
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THIS MFA IS FILED U/S 173(1) OF M.\/. ACT, AGAINST
THE JUDGMENT AND AWARD DATED 30–O9-2009 PASSED IN
MVC NO2269/2002 ON THE FILE OF THE FAST TRACK
COURT AND MEMBER, MACT, HUKKERI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND
ENHANCEMENT OF COMPENSATION, AND ETC. I t- _ V ”
THIS APPEAL COMING ON FOR ADMISSIQN”THIS’~
THE COURT DELIVERED THE FOLLOWING’: j
.IUDGM’I3N’I’
The claimant in MVC. No.’i2é’e.9/02″‘is__ b~e.fuor-‘e this’ Court * E’
seeking enhancement of the compe-ns.at_io’n,A Thie-Tribunal has
awarded totai cornpensatioriof it _
2. Heard iearned foir the parties and
perused the a’ppeaII ‘
3. _ Tfaet that~–vthe–“cIaimant has suffered injuries in
tilt? which I’o’ceu«r’red on 29.4.2002 is not in dispute.
The:niatVur’e_TofV'”theainjuries suffered by the claimant is also
estabiished ‘bI3ITi’j_tI–I€ wound certificate which was marked as
Exhibit’ I The said document would indicate that the
cliairnaiite had suffered fracture of frontai bone, fracture of skuli
of temporal bone on left. The nature of the
,,a.
treatment secured by the claimant is estabiished by producing
medical records and the doctor was examined as PW.3. ‘The
doctor has stated the disabiiity at 20%. The Tribunal”-.ljia.s
reckoned the same as ‘f’% to the whole
appropriate.
4. With respect to the incomekof
absence of documentary evidence.V::t’1*:e Tri’b11__na1_V_hvasl”:.reCko’ned
the same at Rs.100/– per day.VAv——lifiLv–_the instant case, the
avocation of the claimant as much as,
he was working asa ,drive’r}’ conservative
estimate a taken and the
monthly income/–. On that basis, if the
amount toward_sioss”of 4l1″utL1re.»i.earning is taken it would be in a
___Sum Q£l:”‘uRSk41,58’G%V;:-V The Tribunal infact has awarded
.of~-..Rs.37,800/– both under the head of future
loss._due and also due to loss of amenities.
However, tlaie said amount is considered only as future loss and
,.,fl.,uif_ilEl16V–._SaTf16s is deducted the claimant would be entitled to
4’_’pa’1:~,fic~.:~iz5£ Rs.3,780/. In that View the claimant is also entitled
ditto-»vanother sum of Rs.15,000/– towards loss of amenities. In
{Pi} ‘\
: lé?X::’L@’\*wM>e~ xvyhrvgn
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addition, the amount awarded towards pain and suffering is on
the lower side and as such, a sum of Rs.l0,000/- is awarded.
For the laid up period, no amount is awarded. Hence a _.sutni..’of.
Rs.l0,000/~ is awarded under the said head. To .
the shortfall, if there is any, in respect of other heaidsfia ,si’1m’*of i
Rs.5000/– is awarded.
5. Hence, the claimant is__V:e~ntitled’-
compensation of I?is.43,780;_/_– at.ithe:V._saA1jrie rate
and the manner as awarded*–zi.byAti–a_p.e The enhanced
amount with interest Vshalil-“be. Insurance
Company within 4al;per;§iod_ of i’si:<t:.weel<s:jfro1ri'the date of receipt
of a copyiaof ,thisi"order.ldeposit, the same shall be
disbursed to the4clairnar1t"..:i . "
terms iof”‘L~he”above, the appeal stands disposed
of; or”der’–as” costs.
sag:
reeds