Karnataka High Court
Master M A Shamsuddin S/O Rehman vs M/S The United India Insurance Co Ltd on 23 November, 2010
Bench: N.K.Patil, H.S.Kempanna
IN THE HIGH COURT or KARNATAKA AT -_ DATED THES THE 23% DAY OF NOVEMBER," 2Q:1'V0'.a§"' ' :PRESENT:_, THE HON'BLE MRJUSTICE1N.K.PPx'lfi1::--:
AI-n__)'., THE HON'BLE MR.JUs1_iCjE:
M.1«'.A."41§%i;;;_._4_:i_282.'_of.2'ot}5.'»[r.m Between: . V Master M .A. Shamg*i1'd_din," . 1 S/0. Rehmangw _ V ' Aged about 1t3.Y'ea1-_s, . «. A 5 Since mine'? re}jresef;;tVed"by his " ' 'V Mother and natLt;ra1Vgu,ardia;1__ . ' Srnt. Ayesha. ' V' " __ W/0. Late 'Abdul I/Q_1ad.e:-,_ " "
Aged about 39 years,' ' _ ' R/at Na. 44, C'.:<:.C.Gard'en, . _ La} Bagh Road, E Cross, . B.anga1¢re>560'Q27. """ "
. . . Appellant {l§3< T.i'5.§?g?isv}anatha, Advocate] V And:
H 'A u ' "M/és. The United India Insurance , .
7.By its Branch Manager, Shankaranarayana Building, '' " "M.G.Road, Banga1ore--560 O01.
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2. Sri. G.N. Chand Pasha, S/o. Syed Yusuf, Kuvempunagara, Kolar.
(By Sri. Y.P.Venkatapathi, Advocate for ; if R2 served} 7 >5:::==«<ae=:=a=~J=$s= This MFA is filed U/s. 1'F'3(i} of MR? Act-iagainst the Judgment and Award dated: 267-G2;'.2005 'pas_sed_5in MVC No.2853/O1 on the file therl3rl." AJVIACT and Chief Judge, Court of Small Causes, 1:}arLgal'ore2,' vvpartlyg allowing the claim petition for compensation and'"see1+:ingfjenhancement of compensation. . A This V.or_1,i iforiiffiearing this day, N.K. PATIL ;-J. §i'eli'Ve'r.ed thje.Vpf'ol1,o'wir;g; ' .»,pfi»¢uauGMaNh ~~~~ is directed against the impugned juudghmen't.and fiaxziiard dated 26/ O2 / 2005 passed in 28513'/'23_".--{)Q_i____by the Principal Motor Accidents and Chief Judge, Court of Small Causes. Iiarigaiore,'filfihereiinafter referred to as ' Tribunal' for short}. judgment and award, the Tribunal has it ':a:vVaI'd.edv"'a sum of '<'5,538/-- with interest at 8% p.a., the date of petition tiil realization as against the if made by the appellant for a sum of ?3,25,000/-, on account of the injuries sustained by him in the road /Mwt _"...f.Resporidents._V if traffic accident that occurred on 24.04.2001 8.00 a.rn., due to rash and negligent drivirilg . driver of the Canter Tempo near Srinivasapur Gate on M.C.l3'Roladl, dis--satisfied with the 0. of._l_ awarded by the Tribunal, presented this appeal, seeking enhaneern-ent
3. We appearing for appellant Insurer.
for both the parties, after going' records available on file, taking into c'e.nsiderati'en,"~.the age, occupation, nature of injuijies. sustainedll byv.t.h..e' appellant, the nature and duration V"-of treatrriventl by him and after due deliberation in the matterihayellisftibfnitted that, this appeal may be disposed of, 'awarding of ?5,000/--, in full and final settlement, in " liadditio.n to the compensation awarded by the Tribunal. The submission made by learned counsel appearing "-«ilforlboth the parties as stated supra is placed on record. fl/_M_»_MW_...
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6. The instant appeal filed by the appellant of, modifying the impugned judgment and award" H the Tribunal, awarding a sum of ?'5;OQQ/ settlement, in addition to the corripefi_sa'ti0'n- the Tribunal. d it A A The Insurer is enhanced compensation, within from the date of receipt and award.
The shall be reieased in favour of on deposit by the Insurer. it t it t h