IN THE HIGH COURT Oi? KARKATAICA AT BAICGALORE
DATED THIS THE 1753 DAY OF SEPTEMBER, 2008
BEFORE
THE HOWBLE MR.JUS’I’ICE SUB]-{ASH B,A:): V VA A
M.;2′.A.No.66o9gmg7 – A_
BETWEEN: L
The Managing Director,
K.S.R.’I’.C.,
Shanthjnagar, Bangalore
Represented by its .
(By Smt.
MD!
Venkatappa 7:.;__ V ,
S/0. Late Venkéfegmtda ‘if ”
R/at. ”
Mysore. ” < V . _ ._ ,_ . …RESPONDEN'I'
Adv.)
nu—-_
173(1) of MV Act against the
judg*mf§13t _ dated 20.03.2005 passed in MVC
j1No.232'/2<"m on thc'1';i1c? of! Add]. Civil Judge (Sr.Dn.] 65 mar,
V'wV:Mys;:1'e. abompcnsaiion of Rs.1.22.600/- with interest
~@:vfi%L'p.a. finijzflxc date ofpetition till realisation.
coming on for admission this day, the Court
Z 2 A A" ~ " ' ' igthfi following:
2
1 This appeal is by the Corporation against the ju(_§gxoei_1t.__
and award in we No.282l 2000 dame! 10.8.2006 ono:;5eefi3.;lt¢;=eee _
the MACK’. Mysore.
2. On 25.10.1998. claimant
accident and in this regard. he made feinfexjppci-t
ofhis claim. he got himself emmneqagomztt
doctor as PW2 and produced 32491 _
3. The claimant on account
of the injury. he is” and has lost his
earning stated that, he is
the the claimant and
gave treatment. evidence of doctor he found
elbow and swelling of the right
“‘-Baenaatorna and Xmay was taken and it
shomi the right scapula and observed that,
T’ is disabixigr 2%, on the whole body. as the fiacture is
V . i meal’ and abduction and rotation movements on
S Vshookier joint are limited only to 30 degree. However,
19.135 ]% iizihiinal has taken 20% disability. The income of the
is taken at Rs.2.500/- per month. Calculating the
sséme, the tribunal has gamed Rs.86,400/– towards loss of
future earnings and Rs.l0.000I~ towards the eniourment and
-3-
happiness and Rs.5.000,I- towards food and nourishment.
Rs.2,400/- toward loss of income during that laidmp
Rs.1,800/~ towards attendant charges and Rs.2,000/_ H
medical expenses. In all the tribunal has awarded – 1 V’ d
4. Looking into the findings of
there is any error committed b:;rdV_’t¥_V1z:: %
compensation. The ground alleged 20%
disability is on the higher himself has
stated that the mmfipn of to 30
degnac, I do not find findings.
Appeal fails V Judge T _