as THE may COURT OF KARNATAKA AT BANGA§;C)}§i§§ .. _
Dated thisthe 2"day of February, wasp' 1" °' 4
Bafore
my HUMBLE MR JUSIIYCE Hzrgvxmwi % 1?;-3:34'E}§}§f"--~ . % j
Miscellaneous First
Between:
Smt Gangaxmm, 3(}yrs
Wfo iate Ramanjaneya ._ » V
Rf; C;'o1\/Ilmiraju V
€319irrIx.i:*appaI»a:v'0I!!«'«« ,
Behind Amba Ma!iesh'§@*afi T¢iz1plé';_ _'
Kanzakshipalya-,'B:tagiia:e--_V79 Appellant
(By Sri ca _Aé§. "
Indian Space Resgarch Orgatfiséttion
HAI,_§_&'Bangalore ' A
2 Smt"S vg;yaw;2aKm- hnappa
_ ;;e~so,"1Tc'rogs,.V5*'*.1yta§:;, Kamakshipafya
"Bangg:on.» .559 9?;
V Oriémal Co Ltd
TV By its Brangh Manager
~. _ 1911, 1'**.1i1ocr, 3"' Cross
.. f ~ Garden, Shma.km' Mutt Compound
' --:B7arsg_a'iorc Raspondents
V { Iayakaxa Shetiy, CGC for R1;
' w. Slfiijfiaiilli Shiv'amaItda,¢Adv. for R3)
%./
This First Appeal is filed under 3173(1) 01' the Motor Act
praying to set aside file judgment and awaxti dated 29.5.2636."
471222003 by the MACT IV, Bangalore.
This First Appeal coming on for Ordcrfs «:;gg;_ma aiggxga gs;-;1i%.}~'e@
the feiiowing:
JUDG;1£j£i'1¥T
Noiice to 2"" respondenfis _V
Appeal is by the claimajfnf compensation in
MVC 4712x2003. nae; :he:sQid me has awmied
compensaIi(}ri'bf- claI3fia:2t' the injuries sustained in an
accident. Na: __Béfore this Court.
_~ 13'x*e1;:1;i_(i;35 am. when the claimant was traveiling in an
15emEiiig__}€o. KA 03 537 towards Mysore road, at that iime the
tigfiifi respondent bearing No. CAZ 5541 in a negligent
V — “tad auto rickshaw in question. Due to the impact, claimant
‘ fei: down and stwtained injuries. Stating am she was Heated at
Nursing Home and sxflbrad fiacmre of the right clavicle, she filed
VT “a~ci;§ixn petition. Mam was mutated by the Insurance Campany. Based on
” Vflxe piaadings, “fxihamal having relevant issues, having held flzat me
9??
accident was due to the negligence on the part of the both vehicles in the ratio
of 25:75, awarded totai compensation of R.s.48,GG{}!-. Hence, this
Heard flue oounsei representing the parties.
So far as pain and sufieting is conccrged, Txihuxtai-..:};ag”‘a§vaa’de€i’4 ” ~
RS.I5,U0|3/-; Rs.5,00flf- towards loss of
medical expenses; Rs.3,{)00f- towards.»tiie,__t, cohvgyénce aa1’£lv’V”:V&:.:~:14I_VIfi:z}a:_§i3enVtA; ;
Rs.12,f)O(3x’- for loss of income during up and
Rs.20,{)0O!- towards disability. .%
The heané and suffering as also under
the medical zexpénsés, ~ «So far as income of the injured is
concerned,_;_1o is According to the claimant, even taking
.inco11¥4§; the wproprriatc muttiplier of 16, loss of
” fiiaébéfiity would come to Rs.39,720!-. Since already
Rs.2o;s1éae;;ssa{gva;dV¢3; the claimant couid be awarded another Rs.1o,72o:-
plus amotiieaf S, 0{)6i- under the head loss of ameiaitics and enjoyment.
-‘ the claimant would be entitled to anoflmr 15,720/’~ avar and
T what has been awarded, with 6% interest from the date of petition an
deposit. Irzsuner shall deposit the amount within three
ofthisonier.
Appeal is, accordingly, alloweii