IN Ti-IE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 2N» DAY or' SEPTEMBER,T-2010 BEFORE " ' THE HONBLE MR. JUSTICE 3.sREENn2iAs;E: Miscellaneous First Appea1:N'O.'--~J.42_%7 Between Srinivas Acharya , Aged about 35 years, S/0. Sri. J anardhan";':\._cha1jza,"' :4 R/at. Paéemane, " _ j. Murooru, Hirgana Village, 1 Karka1aTa1uk',' V " . » Udupi Appellant (By sri.H.pt.eH:'e Cfiandfa-«Shetty, Adv.) And} * 'V A M t E. Sri" eH_arisVIV?1 5 ' -'Aged 'abQu't"30 'years, ~ S /O Janardhan Acharya, at 'Rademane, 'Murotoim. Hirgana Village, x H 'K.ar1:a1a.Ta1uk. The -Branch Manager ~~Un;.ited India Insurance Co. Ltd., Srinivas Complex, A. S. Road, 3 Karkala Taluk. Respondents
[By Sri. P B Raju, Adv. for R2,
R.1 notice dispensed)
6?
Hence, he filed a claim petition before the MACT,
Udupi, seeking compensation of Rs.3,00,000/_–..,__ The
Tribunal by impugned judgment and
awarded compensation of Rs.78,900/–
8% p.a. Aggrieved by the qu–ant–um fqof ‘ j 2
awarded by the Tribunal ”
seeking enhancement of cor1;i’pensation.~..,y if
5. As there is n’oVfcl_isputevv regardiyng occurrence of
accident, negligencevand’1iabi,1_ity.’v_of”the insurer of the
offending,..Vifehicle_, ~the7o_Vn1y_» pjointillthat remains for my
consideration in, the . appear is: V
– the quantum of
com.pens’a_ti’on” awarded by the Tribunal is
., just” and? proper or does it call for
» enhanCern_e_nt.’?
V — the learned Counsel for the parties
land the award of the Tribunal, I arn of the
AA Vievlv-that the compensation awarded by the Tribunal is
just and proper, it is on the lower side and therefore
it is deserved to be enhanced.
Q’
7. The claimant has sustained the following injuries:
Fracture of shaft of left femur.
Injuries sustained by him are the
wound certificate — Ex.P.4, disabiiity 6v»
and supported by oral evideilioeiiof ;t’1″=._e ii
doctor examined as P.Ws.,1_ andiii respeoti%J’e.1y.A’ He
treated as inpatient for Nursing
Home. ‘ V A it
P.W.2_~jthe doetor:’V:%m1<i(5.V:'f;fgate'd the claimant has
stated disability of 9%" to
who1e"bodit;i,'
8. of injuries, Rs.25,000/-
awarded by ‘Tribunal towards pain and suffering is
Tloysrer side and it is deserved to be enhanced by
~.gi::ot1%.’e{‘;rRs(16,000/~ and I award Rs.35,000/~ under
tfiis head’.
As Rs.28,900/– awarded by the Tribunal towards
V. ,_..inedica1 expenses is as per medical bills produced by
$5′
remaining amount with proportionate interest is
ordered, to be released in his favour.
No orderas to costs.
mgr?’
” on