IN THE HIGH COURT OF KARNATAKA AT BAN
Dated the 5th day of March 2009
:BEFORE; ""
THE HONBLE MR.JUS'1'ICE : v.JAGA1s:m$TIe:g§é§ MA " _
MISCELLANEOUS FIRST APPEAL"N0'.« .2190 ,1 2006 'fI*?E\f(*3)
BETWEEN :
Sri Kamalkumar @ Kamal, _
S / 0 Anbalagan, Aged ,aboutVf2§3 .§;%ea3*s,
R/a No.96/ 1, "N1 Cr0.:<s;'%~-31'¢_Mz§.i:i,*« %
J.C.NagaIa, Kurubarahafii, -
Bangaiore - 560 086. _ ' . '
%. ...Appe11ant
1.
Fath_e1*'s 110% known,
V _ Majei-= age, I'sEo.E579/3A,
, K2?-...naka"pL1ra Main Read,
£3sI<;~..I; Stag:i;'Banga1ore»56O 079.
- Manager,
*- 'I'}"1e-;"_'L§r1§.ted India Insurance Co. Ltd,
D.;O_.}§i, No.198, Manjunatha Complex,
'C363 Road, Indiranagara,
'isangaaore -- 560 038.
. . Respondents
( By Sri M.S.Sriram, Advocate for 12%. )
Misccllanaous First Appeal filed under Secfior}
1′?’3(1) of the M.V.Act against the judgnent and award
dated 223. 113.2005 passed in MVC No. 5504/2004 on the
being a driver, had suffered fracture ef the shaft of right
femur and the medical evidence also indicates that the
appellant finds it diifietxit to squat er
and even finds it diffifilllt to ii-‘r’=wal1″;
and, therefore, the ‘I’Ifibuna1 cotfid
medical evidence as
is” cencemed. Seeefidjy, sought
under the head of rutfiré in the light of
the medical tvelifes towards loss of
amenifies ‘less of meome during
treamteet t t
3. shy: M.S.Sriram for R-2
instgraece ‘4 not seriously question the
. efiéenceyyeft the doctor as regaxtls the disabiiity
1 but submitteé that Tribunal has
tlltiznateiy the insurance Company to pay the
R eompeiisatien and recover the same fiom the itlsured.
” Having heard both sides as above and 1:a.k1n’ g mete
‘ the medical evidence of the deetor examined as P.W.3,
who has deposed ‘ eifect that the appellant has got
‘I./
5
awarded. Thus, the total compensation gets enhanced
by Rs.1,’23,020/-.
6. Therefore, the award amount gets ~ ..
Rs. 1,213,020/~ out of which,
of future medical expenses: will ;
but the rest will attract ” the
liability is COflO6H1€d#”‘…{ilC Tribunal does
not require ‘ietexfeleeée. V
The terms.
sax;
eke/–