IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 19m DAY OF JANUARY§';"'2'C}5'£VdQ Sf _
BEFORE
THE HON'BLE MR. JUSTICE :';VE.EEVjA*GANN'ri'.f]_Tf£«IAN:Vf_
M.F.A.NO.7122/2056 (II/IV)
BETWEEN:
THE: NEW INDIA ASSURANOI3: cOI;;'-I;I'jO.,"'-».._
BELGAUM DO, ' 4_
THROUGH ITS REGIONAL OF'_F'iC'E_u7 " .
AT NO.2mB, UNITY BUILDINGVANNEXE, ._
MISSION ROAD, 4:' ._ 3' _ -
I3ANGALORI;--55o' 'V
REP. BY ITS Iv!I§{E;~fAC§ERI' I
SRLC.R.SI,I--BRA1\r1.AN'i§';%§...' APPELLANT
(By Ad'v.}
AND
_ VCHTLMANJLINATH ~ V V
A-GED-___1'I 'IHEARS, ----------
-,S /O IRAPPAI I~I.A'rI.DT, "
R/f0' KASH'}.I§?ET',* RA-MDURC},
DISTsR_I:..LG-A'LI,M..VV'-I'
BEING MINOR--,':._RI:.P. BY HIS GUARDIAN 85
V E' FATHER SR1 I-RAPPA SANKAPPA NANDI. RESPONDENT
H ” IS:~i_.Jagé.dish Patii, Adv.)
appeai iS filed under Stecipion E73 (1) Of MV Act.
VZ:'”zgai17?1SL the judgment and award dated 15.04.2006 passed in
,>_\<;;?33'/
l\J
MVC No.53?/2003 on the file of the Member, Addl. MACE',
Saundatti, awarding a Compensation of Rs.l,90,000/s–"'with
interest at 8% pa. from the date of petition till realisation;
This appeal coming on for hearing, this
delivered the following:
JUDGMEfi$d®
Heard the learned counselfor the’aplpellantliiagidalearlneid
counsel for the respondentwclaimalritiiinuresgaeetioi the appeal
preferred by the InsuranCe4_._C«om1aan.§,rVehallenging the quantum
of compensation awarded
2. ;u¢Sri.B.C.See’thara–ina wflearned counsel for the
appellant-=i’nsu.ranceili1?om’pany submits that the MAC’? has
awarded huge Co_1ri;§g;..n.l§atiVoniVll”under various heads totalling
Rs.3,90,0OO/9*-._for sustained by the minor boy
.–vv.whichr~”5:A;ere’ all sirriple____injuries and loss of one incisor tooth.
V”~Th-‘.’3l1V”V(‘3’l”,)V]’€~,._{l’l€”C6i1’1p€I’lS8.tiOI1 be reduced under all the heads.
3. Patil, learned Counsel for the respondent»
l”~’««___el»aimant’ the other submitted that the compensation
awarded does not require any modification by way of reduction.
14.)
4. Having thus heard ‘both sides, taking note of the injuries
sustained by the claimant which are mentioned in EXL§),§’«.”‘Li1€j
wound certificate, it is observed that out of the .
were abrasions and one was the rnu1t.irpie ab=.”asio–n’_’vand o.n1’_=;
grievous injury is the loss of upper inciisor:1’to0th.’trin. theifiég’h_..t
the aforesaid injuries sustained by’~t_he claimant, tvcoiinpensation
awarded by the Tribunal underlfivarious found in
paragraph 13 of its “modification by way of
reduction. Therefore, the head of loss
of amenities amount given
towards loss towards permanent
disabilitygand disallowed. However,
under theiiiheiadiof ofi’dii_sfiigurement of the face, a sum of
Rs.§O,QO0/- bie…’~aw’ard”ed. Towards medical expenses,
T Rs. 3iO”,iv()ifJ0gfe is awardiedaind towards attendant and conveyance
ch_a’rges’ awarded. Towards pain and suffering, a
sumof is awarded. Thus, the compensation
works out Rs.62,OO()/A in all.
T < .y_'I_ihus, the compensation given by the Tribunal is modified
the claimant is actuaily entitfed to Rs.62,000/« with
}r"
interest as given by the Tribunai. The appeai is therefore
allowed wéih the above modificatiorl in the award a1neu’r1t;.:W.Tk%e
excess amount if aiready paid to the elaimanii
recovered by the Insurance C0mpany_i.1t1 .acco1_–‘dé£fiee’_”witthv’Eawu.
The amount in deposfi; made by the ifisuraiexeje
this Court be refunded to it. V ”
e-Sd/
e %JUDGE
Jm/–~