Iffco-Tokio General Insurance Co Ltd vs Sri Basavanni Mallappa Naganuri on 5 June, 2008

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Karnataka High Court

Iffco-Tokio General Insurance Co Ltd vs Sri Basavanni Mallappa Naganuri on 5 June, 2008

Bench: Ashok B.Hinchigeri

as THE HIGH comm' or KARNATAKA AT mneamng 
DATED THIS THE 05*!» DAY 09 JUNE, 2003  7   
BEFORE 

THE HON'BLE MR. JUSTICE A.SH0i1{vE3;"!i.INCP.Il.i':rERI" V' R
M.F.A.No.l1982/29§5.(M\})      
BETWEEN:   "

Iﬁ'oo--To]cio General Insurance Co.   

#8, Cunningham Roaxi,__   

K.S.C.M.F. Buikling, 

3"' block, Bangaknc    _  " 

Represented by  Heaﬂ--'C-agstamcr  Ck,-atcr,
 1111    ...APPELLAN'I'

 '[By--S1iVi3;(§;:S§¢¢h a»m333 Rao, Advocate]
AND: '  %  '
Sri_Basavar  szauapgmhtagan' 
   V. x,  ..... .. '

S] O .  ﬁagantzti.
R/a  % .  . 

  

 vv   '   

. .. RESPONDENT

[By Sri S.S.Pat:i1, Advocate] T. is ﬁled under Section 173(1) ofMV Act against the ' juclmacnﬁ and award, dt.2'7.()9.2005 passed in MVC 1510.114/2005 di1"t12t:_..ﬁic of the Civil Judge (Sr. D11) as Member, Addi.MACl', V -- awarding compensation of Rs.1,33,300/-- with intnmst @ from the dam of pctimm till maiisatinn. This MFA is coming on Star hearing this day, the following:

JBDGHEXT This appeal is directed against u,.-,% dt.27.09.2005 passed by the Court nfagiditibaéi » in we No. 1 14/2005.

2. The brief facts of _g;..-: mad traiﬁc accident which took on respondent sustained mu1s~_igk; The Tn'bu:nal awarded Its bmale-up is as follows: .

i) Rs. 13,000-co

ii) ofm{i1m i%ne5m§% 3 Rs. 75.600430 """ Rs. 10,000-00' M > as ~.ai1g:nda:ﬁ;.chg:rgcs Rs. 13,000--00 . V) Rs. 13,720-00 H " K Lqss dfsinoomc during treatment Ra. 3.000430

-----------.-----.----.------¢-----» Total T RS. 1,33,320~0O

---- -----.-----nu---»--_--uo.u-u Rounder! off to Rs. 1,33,300] ~.

3824.

3. The appcllemfs gtievance is only over the awaniixzg of amount under (me head nmcly, loss of future income. neither the income nor the applicable mulﬁpﬁcr are A4 What am being disputed are only the pcrccntme af b earning capacity. The Tlwmed counsel that the Tribunal had committed a setiouséeseir by i5% séa the whole body disability when the only at 27%. The learned as the respondent No. 1 eonfmues to wor'-- :5' . then: is no loss of future incoimei aﬂ. 1. '

4. The submits that taking of the at by the Tribunal is after conskieﬁng and the 'l'ribunaI seeing the He subraits that there is overall of respondent resulting in the loss of hit'

5. the amaavit evidence of Dr Satish * -ﬁjevcagauda {PW-2). He has assessed the permanent physical V' : Em mspect of the right upper limb. But he has not 195%.

7. The Tribunal has awarded inmtst at the w;:nm.whichI&Ldtobcoom:ct.

8. The oﬁnc is ciizucted to dim:

imnsof this order.

9. This appeal is aﬁmmd' as to em.

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Karnataka High Court