IN THE HIGH CGURT or KARIIATAKA, V _
cmcurr BENCH AT DHARWAQ. ' 5 \ .' 5 T» %
DATED THIS ms 2073 DAY 93 $fEBEUAvfiYw:, ,1 u
Bmmw' . .' M _
THE HOWBLE MR. Jt:s_jz'r<ii::A 3
1v:.r«*.g rm. 1
BETWEEN: ' X L ' 'V
GURANAGOUDA '- ._ j
sjcs KENCI-{ANA GOUDA HU1)-222;) '
AGED ABOUT39'*!«E1$RS g 'V
occ;cARPENTER z§s*AGRIcuLmR.E 1* .
R10 MA*r'r1<3AT£:_;----TQ": 1~€;iJND;?§GG1..__ " V. "
DISTRICT:DHARW£gD ..
. _ A APPELLANT
(BY SR1 KR LS1eEEN1V;txSA..i§bx'fA§zARDHAN, ADVOCATE)
AND: " _
' 4"Gi:iv1:ii:3A<3o:j'ޤA
" 1. _ s:.;Q.RAN@ANAGQUDA HUDEEE
V _ ' Vgdgt-£09; QC-?C::AGR1cUL*mRE
" ~R;'Q"_MA'I*;*IGA'rT1
, 'I'Q:_KUN_EiAGOL
DI--§5T:fi'HARWAD
T 'i'1~».¥a§ UNITED ENDIA INSURANCE
V COMPANY L'I'E}., N.K.COMPLEX
_A.-KESHAVAPUR', HUBLI
BY ITS DIVISIQNAL MANAGER'
RESPONDENTS
{BY SR} LB MANNO£}E}AR, ADV, FOR R43)
TEES MFA IS FILED U/’S 173(1) OF MV ACT AGAINST THE
JUDGMENT’ AND AWARD DATED 13.7.2007 PASSES? EN MVC
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AMACT. The documents relating to the yléere
produced at Ex.P’7 and the details were “T.-at»
Exhs.P8 and P9 and insofar as thcg.Jin<§§::1¢,"'.;h:§ yéias 7.
produced at EXP} 1. The claimant lia;llSufi"eIe£i'.l, ef
tibia as indicated from the case'3lleet at.
Ex.P16 are x-may A' "'*~».mAe who were
examined as P.W.3 anvil regard to one
more fracture all these aspects
of the mattefe§._1d as stated by the doctor at
20%, the in the present facts, the
disabflifynleed' netlée. J: T
__the case, when {he deeter has specified the
i"th_e nature of the injuries is also available on
gaggle', lé%¢+¢;v1~;'l;:1;;g:}£1gh the disability stated is slightly exaggerated,
'V in faeis the case, the disability could have been xeekoned
ll 19% the compensation ought to have been calculated.
$i=:;eellllt11at has not been done, if the calculation is made, by
T 'é1d3apting the salary as reckoned by the AMACF and appropziate
U multiplier 0f 15 is applied, tewards 10% disability, the amount
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'1
5
would be in a sum of Rs.54,000/–. Since the AMACI’ has
awarded a sum of Rs.25,000/- under the said the
balance of Rs.29,00()/ — is payable to the
towards food and nourishment, conveyance. , “–.inei(ienia.1
expenses, considering the length oft11e..iI’eai3:nent;.i.;}1e~..efi&9L1l1t ”
awarded is on the lower side.’ ‘a S111f.’i’?L§f;
zequires to be awarded. Furthenwith to Ԥ;he medical
expenses though the amount
derived from the ‘pills, it ‘some bills are with
regard: ‘hfioivever, What has not been
I1OtiCCdVV”5;S’\1S?ifiZl four operafions undergone by the
claimant as VVsne11~–V_§0’~.-nlake good for the short fall towanzis
‘~ _ on all other heacis, a sum of Rs.1{},00{}/-
A
8;’ ‘l’§.e;eefore, in all, the claimant would be entitled to the
enhanced eompensation of Rs.49,0()0/ — with interest at 6% pa.
” the date of the iaeiition {iii xeaiisation. The enhanced
….portion of the amount shall be deposited by the 2″
Iespo31dent– Ineuranee Company withizn a yperiofi of six weeks
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from the date of receipt of a copy of this ordef, ‘IV ‘”5,-11¢];
deposit, the same shall be nelcascci to the cIai3a1:ét.it.V Vt
In terms of the above, the
no order as to costs.
Sd/’v
fudge