MFA No.6857 of 2007
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED TI-IES THE 7TH DAY OF' JANUARY 2010
BEFORE ".""
THE I-ION'BLE MR.JUSTICE v.JAGAN1AATr1A1§
MISCELLANEOUS 'FIRST APPEASNQ;6S£3'7/?'C£§7jMV}f» 'V
BETWEEN: J »T(T % TAT
Sri Shivalingappa, S /0 Irappa,B'enni, '
Aged about 34 years, Occ: Driver,
R/0 Inarn Govanakoppa {Shiféangi),V"A-.._
Tq. Saundatti, _ g
Dist: Belgaum. V _1....APPELLAN'I'
A N D';
1. Sri I=Ii.]3_1'faJ'<:1urabai,
Aged Major'; Qcfc: I3u'siness,
R}/0 1V[una{r'a11i, Tq, Saundatti,
V' _, '-Di"sta;'~Be~1gaum'. V " """ "
2, :1'=l§tt-i4?5r1:aij..Insurance Co. Ltd..,
A A'D1v1si~o;_na1E~Qffice,
at.-ha" omplex, P. B . Road,
HL1b'ii,V Dist: Dharwad. ...RESPONDE1NTS
[ByvSriV.NG.S.Balagangadhar, Adv., for R1 -- absent)
' served)
MFA §'Jo.6857 of 2007
This miscellaneous first appeal is filed under
Section 173(1) of the Motor Vehicles Act again's_t"»ethe
judgment and award dated 28.03.2007 passed-«jin.fMV.C
No.61/2003 on the file of the Civil Judge;"'(*Sr5...Dri;._)',w~.
Additional MACT, Saundatti, partly allowing" the""e'lai.Irx 0' '
petition for compensation and seeking e.nhan.ce'rnent of -,
compensation. 7 it "
This miscellaneous first appeal coining «.on"~fore~._V
hearing this day, the Courtsde.livered_ the foe1'lo=;yinVg: 0 V
JUDGivI§fl '
Heard the learned counsel for theappellajrit. None
appears for the responideinit respondent
has remained u.nrepre.s’ented service.
This :by the claimant seeking
er1hancerneI_lt.uof’ cornpensation on the ground that the
b°yt.h.e«’Tribunal is on the lower side and,
0seicondlygrioppiamount has been awarded towards ‘loss of
incorne the treatment period’.
3_.l”:.’l’aking into account the above grounds put
and the facts not being in dispute and so also
MFA N0.5857 of 2007
the liability put on the insurance company, only the
income aspect requires to be considered.
appellant is said to be a driver, taking note A V’
the accident, income could yhave, A at
Rs.4,000/– per month.
sustained, the disability at irizicihtlyill
been taken by the under the
head of ‘loss of future appellant would
be entitled to and,
thus, the –. Towards loss of
i4Rs. 1 ,OOO / — is awarded.
Thus, tliei enhanced by Rs.l3,000/–,
which will i inteire “at 6%.
AV,yarid.,&_.standisii«modified accordingly, by allowing
A ‘– ap in’ part.