K Balaji Rao S/O Krishnoji Rao vs S C Shivaramaiah S/O Muddaiah on 17 January, 2013

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Karnataka High Court

K Balaji Rao S/O Krishnoji Rao vs S C Shivaramaiah S/O Muddaiah on 17 January, 2013

Bench: S.N.Satyanarayana

                               1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 17TH DAY OF JANUARY 2013

                           BEFORE

      THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA

MISCELLANEOUS FIRST APPEAL NO.3212 OF 2005 (MV)
BETWEEN:
Sri.K.Balaji Rao,
Aged about 62 Years,
S/o Krishnoji Rao,
No.51, 6th Cross,
Narayanappa Block,
Benson Town Post,
BANGALORE - 560 046.                       .. APPELLANT.
       (By Sri.S.Chennaraya Reddy, Adv.)
AND:
1.     Sri.S.C.Shivaramaiah,
       S/o Muddaiah,
       Major in age, Working as
       driver in Karnataka
       Electricity Board Office,
       Ananda Rao Circle,
       BANGALORE - 560 009.
2.     Karnataka Electricity
       Board, Cauvery Bhavan,
       Kempegowda Road,
       BANGALORE - 560 009.
       Now Known as B.E.S.C.O.M
       Limited, Government of Karnataka
       Undertaking, Cauvery Bhavan,
       Kempe Gowda Road,
                                 2




     Bangalore - 560 009,
     Represented by its Chairman.
3.   Sri.Girish Bhat,
     Major in age,
     Father's name not
     known to appellant,
     Sales Executive, M.R.Motors
     No.43, Millers Road,
     BANGALORE - 560 052.
4.   The Oriental Insurance
     Co. Ltd., No.94, Mysore Road,
     BANGALORE - 560 018,
     Represented by its Manager.
5.   Sri.Ramlal,
     Major in age,
     No.5, Hosur Main Road,
     Bommanahalli,
     BANGALORE.                         .. RESPONDENTS.
     (By Sri.Rudragowda,
                Adv. for R-2,
         Sri.Narasappa, Adv. for
         Sri.B.C.Seetharama Rao,
                Adv. for R-4,
         R-1, R-3 & R-5 - Notice
         dispensed with vide
         order dated 01.06.2005)
                      *-*-*-*-*-*-*
      This appeal is filed under Section 173(1) of Motor
Vehicles Act, against the Judgment and Award dated
31.12.2004 passed in MVC No.3601/1998 on the file of the III
Additional Judge & MACT, Bangalore, allowing the Claim
Petition for compensation of and seeking enhancement of
same.
                                  3




     This Appeal coming on for Final Hearing this day, the
Court delivered the following:

                       JUDGMENT

Claimant in MVC No.3601/1998 on the file of MACT, Bangalore, has come up in this appeal seeking enhancement of compensation for the injuries suffered in the road traffic accident on 28.05.1998.

2. The accident is not in dispute, so also the injuries suffered in the said accident due to collision between scooter on which claimant was riding, which is scooter bearing No.CMM-7154 and another scooter bearing No.KA-01 / L-4117. As it is borne out from the record, claimant has suffered fracture to his little finger of right hand and also to left foot. After the accident, he was taken to Mallige Hospital for observation and on the next day he was discharged.

3. In the claim petition filed by him, on appreciation of oral and documentary evidence available on record, the Tribunal has awarded compensation in a sum of Rs.38,400/- which 4 appears to be just and proper in the facts and circumstances of the case. In that view of the matter, appeal filed by appellant is dismissed.

While dismissing the appeal, learned counsel Sri.Narasappa, who argued the matter on behalf of Sri.B.C.Seetharama Rao, is permitted to file vakalath for respondent No.4 within two weeks.

Sd/-

JUDGE AGV.

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