MFA No. 12183/%D6
IN THE H161-I COURT OF KARNATAKA
CIRCUIT BENCH AT D}-IARWAD
DATED THIS THE 12% DAY 0? JANUARY 1:
BEFORE
THE HOWBLE MR.Jus'r1cE«¢B.é'§.TPATiL .
A
BETWEEN:
Sn'. Pandmang, - V
S/o Yashwant Gurav,a . if
Aged about 46 ymrs,'_~._ 3 .
Occ: Carpentaxy, 5:"
R/0 Gandhi Na;4;ar,_'*--
Tal & Dist: mig~a;;1-3;. =
(By sxi Saniay %% %
AND:
A V Vmajfif' A. 'A
R] C}l:i- .B?:ts Stand Road,
V2; The ()0. 1.111.,
" Chamber, Kirkxskar Road
" =_BLéJg'a'1'1m.
'T gBy~szi; K. ,A&. forR-1
L.B.Mannoddm', Adv. for R«2)
. JKPPELLANT
..REsPoM>Em's"
MFA No.12183/9006
This Appeal is filed under Secfion 173(1) of AG;
against the judgment and award dated 31.07.2005 *
we 110.907/2005 on the fiie ofthe Pr]. Civil Judge" 2 "
Add}. MA;vi(§E)eS]5872 dnvm' in a rash and ncglfi t
the claimant who was proceeding on a
" i13_tor A mgistration No.GA-0313-6739 from
" In the dam' petition filed before the Chums'
chi' t emcd' hizzaseif as PW-1 and one Dr.
as PW-2. He pmciuced and markw Exs.P-1 to P~
The respondent-Insurance Comma}; resisted the claim.
%
MFA No.I2I83/2006
3
The insurance poI’x:y was marked as Ex.R-I. No 9th cr
evidence was % in.
03. 1s:x.P–3 dimhargc cam iasucd by the Disz::e<:£'iv~1ioégnita;,J4«
Bclgaum, disclosed that the T. T
14.12.2004 to 23.12.2004. Hchaicl in V
right shoulder joint and there was of ";;%th,m5t1;'
6"" &. 731 ribs of the right of
mfcno' ' 1* angle of the right of acmmion
process of the 1:
04. The L®:ta;éi%% dgggsea that c.hmca’ ‘ 1 and
zmio;og1oa1′ gamma «:1; the cla:man’ t had disability
of 50% the’ Accordingly, the doctor
vide Ex.P*23. As the: dist-3b’ ility
_ :V’n§t—.issucd. by the doctor wm treated the
.’ in mind the natunc of the injuries
s¢1fi’emd upon appmch titan of oral md
evidence came tn the conclusion that the whok
K sufihmd by the claimant was 15%. Having due
‘ to thc cud” (31106 on record and the nature ofthc’dut12m
éexfonncd by thc clam3.an’ t as a carpcn1z:r, his monthly moo’ we
was taken at Rs.3,0{)0/-. Applying the multiplier of 13, the
V
MFA No. 12183/2006
5
amount of Rs.10,000/- awaxded towards loss of amenities is
on the kiwer side.
06. Counsel appearing for the _
Company however supports the findiegs ‘4
‘I’ribuna1.
07. Having heard the learned Cou1:_.:se1f&;:_’thc
careful perusal of the materials that
a1’13e’ sfer considerafion is, ‘ ‘ _
‘whether the 7¢_–.1is:ea for
08. The ‘_ enee’ losses that the injured
clannan’ t, -was ‘ gt?’ : carpenter in Belgaum. The
12.2004. As rightly contended by
for the appellant, the Tribunal wae in
monthly income at Rs.3,0()0/-. The
hz_ae’:. deposed in his evidence that he was earning
per month. Keeping in mind the date of the
and the nature of the work the ciaunan’ t was doing
the place where he was working (Belgaum city), it is
reasonable to assess the monthly income at Rs.3,50(}/–.
%/
MFA No12183/2066
6
Aithough learned Counsel for the appellant submits that. the
ptzrmancnt disability taken. at 15% is on the lower sk_}e,V_:’I.’_:&:)_
not find any iucgahty in the findings mcondod by _
in tins’ regard as the c1a3man’ t has not examm’_ ”
who treated him. Even the doctor
the restriction in the shouldcr.o’jojnt 1csu1’££kiVAA.
disability in the shoulder and if
disability is assessed, it
09. However as regards b enjoyment
of I fife is awauied only
Rs.1o,o:o0;:I v_-. rcstriotion and painful
movement spoken to by the doctor, the
amount head desezvés to be and is
Rs} 2§,ooo)§f
‘ V I0.” * :”I”h.a’: earning capacity calculated at the rate
of month comes to Rs.81,9(}O/ —.
of income tinting the laidup period which is
for six months by the Tzibunal is enhanced to
as the monthly income is now assessed at
‘A Rs.3,50€)/-.
MFA No. 12183/2006
12. In all other mspects, the amount awarded §.’i3V:r”‘.<
tribunal is left uzldisturbed.
13. In the result and for the fomgoixlgg. J
in pan. The compensation to which the ‘V
determined and fixed at Rs.1,72,90§)%~5 be =
entitled for interest at 6°/iafin. the
date of petition till its shall
be deposited from today.
Appellant is appeal in a sum of Rs.4,000/ - .~ is acconrmgly Inodificd. Sd/-- Judge