Ashok Arjun Pise S/O Arjun Pise vs Sudhir Parashram Lad on 18 January, 2010

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Karnataka High Court

Ashok Arjun Pise S/O Arjun Pise vs Sudhir Parashram Lad on 18 January, 2010

Bench: V.Jagannathan

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD 
DATED THIS THE ISA DAY OF JANUARY, 2010 V. 
BEFORE    
THE I-ION'BLE MR. JUSTICE V. JAOANNATHAN: 77
MISCELLANEOUS FIRST APPEAL NO.1324'/'*2(IOj5(:Ni~\If) 

BETWEEN:

SR1 ASHOK ARJUN PISE

S/O SR1 ARJUN PISE

AGED ABOUT 45 YEARS,

OCC: CLOTH BUSINESS, F"  _

R/O 2547, KASAI GALLI, BELGAUM,-~--~-- ,  '   
I __  5 _  ..  ....APPELLANT

(BY SR1. JAGADISH PATIL,AEv.I_   j. *

AND:

1. SHRI. SUDHIR.PARAS1{RAMv_LAD;" _
AGED MAJOR, AGRICULTURE, 
R/ca §~I.NO.C'I~3;6~S, P.M.ROAD,

CROSS No.2, "b'E'LGAU_M';Iv__ 

2. THE DIx1_ISIONAL_MAz$rAGER, '
NEW INDIA ASSURANCE LTD.,
CLUB ROAD,._BELGAUM.

.2  ~ A. ...RESPONDENTS

A  --. (BY-SR1.5.--.L;B.IwANNObIj'AR,mADv_ FOR R2.)

. '  APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST l-'£Ef.JI.I'DGMENT AND AWARD.DATED 6.1.2004 PASSED IN
MVC NO,.~1~522../O0 ON THE FILE OF THE PRL. CIVIL JUDGE(SR.DN)
AND" AM;AC'l', BEZLGAUM, PARTLY ALLOWING THE CLAIM PETITION

  FOR "COMPENSATION AND SEEKING ENHANCEMENT OF
_ COMPENSATION.

 THIS APPEAL COMING ON FOR HEARING THIS DAY, TI-IE

 DELIVERED THE FOLLOWING:



JUDGMENT

The appellant calls in question the award of the Tribunal on the ground that the income was takwepnion a lower ﬁgure and so also the percentage of _ awarding compensation to the claimant. H_e.nce:,i'thisiappeal 2. by him.

2. I have heard 1earneVds._coi,1_nseli'for_i'th'e parties and perused the material on:re.cor.dii _ 1,

3. """ 25% for the particular limb for the whole body, it comes around incorne'ciould have been taken at Rs.100/-- per"d.ay__fbL1t not"Rs._.8_0/-- per day. Consequently, under the ' head future earning capacity, the appellant will be ac£ua113}'s5::ii'::ss1 to Rs.30,240/-- as against Rs.17,280/--. Thas, thehincrease under this head will be Rs.12,960/--. Towards loss of earnings during treatment period, a further Rs.800/-- is awarded. Thus, the enhancement will "Vibe Rs.13,"/'60/--. The said amount will carry interest at 6%. 3» Award is modified by allowing the appeal in Enhanced amount be paid to the appellant.

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Karnataka High Court