IN THE HIGH COURT os KARNATAKA AT BA1\2GALoR3E5fl*._
DATED THIS THE 24"" DAY OF AUGUST 2o1G:'L'''''' '' r. u
BEFORE
THE HON'BLE MRJUSTICE s. Ad3DLtTL«z¥:4'ZE}2R'--t dd M
MISCELLANEOUS FIRsTAPP1;:_g._1, Nb.3.43;QOI0'Q!f§; :2 '
Between:
Venkatesha,
S/o Thirumalegowda,
Aged about 45 years, V 1
Rja Ramadevarapura Vtitlvgige, g »
Salagame Hobalj, 2 'V __ .
Hassan Tq. &Dist. 5: . ....Appe11ant.
(By Sri Gir;Vist1mt3."BsiV}adafeJAdV;§.:--_' A'
And: ' V V Z T d
1 . TIi1e.,{)ivis"i'on2_t1 §vIVatnag.er,V ' :
vT§te National Insttrgpee Company Ltd.,
. s Divisifonai Qffice, Ramaswamy Circle,
' .Vv'1VIyso_vre.
2 "-.'dLaya§a1§§t.'*3e;g,'%'
S10 Akb?trjBeig,
.V Majodntr/a Behind Police Colony,
AA TBeera.naha11ikere, Hassan. Respondents.
(ByVSri Arun Ponnappa, Adv. for R1
‘Notice to R2 dispensed with)
This Miscellaneous First Appeal is filed under ;. A
the Motor Vehicles Act, 1988, against the judgment and’ aiward A —
dated ft7.l.2009 in MVC No.34/2005 on thefifile of thefiast
Court–I and Additional MACT, Hassan, etc,”
This Miscellaneous ixirst Appeal caam-lg oniiorpi
Hearing this day, the Court delivered th’e,following:–
gr/2.9 ‘ A
This appeal is directed award in
MVC No.34/2005 the Fast Track
Court–I and Tribunal, Hassan.
The appellant”V\a’as:\f,vfhei the Tribunal and the
respondentsvvidwere the=’the owner of the offending
vehicle. There is no dispute as tovthe occurrence of the accident and
‘f_the”liabilityivof thefirst respondent — Insurance Company to pay
has filed this appeal seeking
‘ ° enhancernentv of compensation.
2 V» ‘l2″.«.ip have heard the learned Counsel for the parties.
l
at
3. Learned Counsel for the appellant would contend tha’t.__p
though the claimant had suffered 18% permanent disabilityH_to.,
particular limb, the Tribunal has not awarded any cornipeinsatiovn
towards loss of future income. The award of cornpensation .towards*5
pain and suffering, loss of amenities is on a lcwehside. Tiiough’~the:,’ ”
claimant was hospitalised for two”r<s.VVirnonths, t_he'v "of
compensation by the Tribunal inedical expenses,
4. tli<:'otItier'1':a11:d; Counsel appearing for the first
respondent–Corporatioa' = sought to justify the impugned
'..vj.udg1nent: and award. " _ V
* A .:'}."I'he who had treated the claimant was examined
as P.Wi'i. inuhis evidence, he has given the details of the injuries
sustainiedé by the claimant in the accident. He has opined that the
has suffered 18% permanent disability to the particular
la
1.
appekiant is permitted to withckaw the amount on such deposit. N9
cogs.
G5 I ..
BMM/–