IR' THE HIGH COURT OF KAIQATAKA AT BAHQALORE
DATED THIS THE 4-"1 DAY OF DECEMBER, 2008
BEFORE?
THE H()N'BLE MR.Jus'r:c:E SUBHASH B.ADl « . .%_i 'E7
BETWEEN:
Smt. M. Girijazzama
D/0. Mahalingappa,
Aged about 43 years, .
R/at. No.61, Building No.72,' .
Srikc Apartments, KI-{B colony,' ' '-
KengeriSate1iteT0wn, " ._ s __
BANGAL(')RE-60. * V. 1 ;?;..APPEf.LAN"!'
1. S11. M. VR3gh!3D.V9;§5';"wSI0. R,
No. 1 129;. 3W1_Main,'6"l.
Kalyananagar, T.
BANGALORE:5"f % '
'~ 'E'hc_'G1ricj::;1ta1_ Insuiance Ltd.,
'BO, '3', 1>\==eny.«:.,« BO No.'2{),1OO Ft. Road,
Gm5s;vChok1casandm,
A ~BA1'iGALCRE~t}._ V ... RESPONDENTS,a3y”–:;:;1 Pnttasxddaplm. Adv. for R1,
Sfl. R. Gunashclcar, Adv. for R2)
—._..
M.F.A. is filed U13. 173(1) of MV Act against the
ju_dg:iz.c:1t’*’anci award dated 25.10.2006 passed in MVC
–.fN._of,’594{}/2005 on the file of the IX Add}. -Judge, Court of Small
_ Qauscs, Member, MAC’?-‘?, Mfitmpokiaan Area, Bangmre,
.[Sf3.CI-i–7), partly ailosxring the claim petition for oompensaflon
Seeking enhancement of compensation with 12% irzeirserest.
This appeal coming on for admissian this day. the Court
delivered fl!!! firlkwring:
4. Learned counsel for the appellant submits that,
claimant has spent Rs.38,000/– towards medical expenses; 1231′
which bills are produced. Apart from that, the claimant m-§j%%
spent money which are not in the form of bills… .
submitted that. the claimant has spgfznt 1n_.:Jnx1*3¥: .4 ” =
conveyance, nourishment and attendant chargé:s,’hos§ever,V:;v~
Tribunal has not considered the It
that, claimant admittedly was érnpggsgsoig/– and
she was on leave for six ‘ nicnthfn, ‘Rs.2$.,($O0/« is
awarded and towards Qis granted. It
is submitted that, the’ be enhanced.
5. appearing for the
Insurance findings of the Tribunal and
submitted :hai,VV..t1ze:»¢’ which would come in the
W33′ cf of and on the remaining heads,
compensation.
sfit’ in i}:g dispute that, the c1an:na’ nt has sufliarcd
of both the bones of left leg which is also
P5. It has come in the cvidencc that the claimant
(fizz! 1’en’vc for six months and she was drawing salary of
– per month. If that is so, claimant is entitled far
towards loss of income during Iaid up period. In so
for as pain and suffering is concerned, the ‘Tribunal has awarded
4%
.4-
Rs.30,€)OO]-. which in my opimbn does not require any
modification and towards medical expenses, for Rs.38,G{)O/-
bills are produced and same amount is grantcd, considering the
incidental charges, it is enhanced to Rs.45,000/ –, towazds
nourishment, transportation. and attendant charges ..,,
is awarded, tcswands amcnifies, Rs.25,000/– is V’
is also entitled for Rs.15,QOOl — towards V’
which is stated by the doctor. In all, (1j’aV3’n; Han”
coznpcnsation of Rs.1,76,000/- V’ ‘ [.
awarded by the ‘1″‘1tibunaI with so/§.§$t¢xegt%4%fi§%n¢’ the cf
PEtitiOI1ti11P3Y1TB€nt. V’ ‘ 1 .
Accordingly. " Sd/-i Judge