Sri Maresha vs The New India Assurance Company Ltd on 11 February, 2014

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Karnataka High Court

Sri Maresha vs The New India Assurance Company Ltd on 11 February, 2014

Bench: Huluvadi G. Ramesh

                            -1-

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 11th DAY OF FEBRUARY, 2014

                        BEFORE

     THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH

                 MFA NO.7459/2011 (MV)

BETWEEN

SRI MARESHA
S/O HANUMANTHAPPA
AGED ABOUT 32 YEARS
R/O HOUSE NO. 53/A, 1ST MAIN
8TH CROSS, KOTTIGEPALYA
SRIGANDADA KAVAL POST
BANGALORE.
                                                ... APPELLANT

(By Sri. V B SIDDARAMAIAH, ADV.)


AND

1.    THE NEW INDIA ASSURANCE COMPANY LTD
      BRANCH OFFICE, 1ST FLOOR
      TUMKUR SHOPPING COMPLEX
      B.H.ROAD, TUMKUR-572 101,
      REP. BY ITS BRANCH MANAGER.

2.    SRI J MANJUNATHA
      S/O JAWARAPPA
      AGED ABOUT 42 YEARS
      R/O MUDIMADAGU
      KALLAMBELLA HOBLI
      SIRA TALUK
      TUMKUR DISTRICT-577 101.
                                           ... RESPONDENTS

(By Sri. A K BHAT, ADV. FOR R1(VK NOT FILED))


     MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 5.3.2011 PASSED IN MVC
NO.5696/2009 ON THE FILE OF IX ADDITIONAL SENIOR CIVIL
                          -2-

JUDGE, MEMBER, MACT-7, COURT OF SMALL CAUSES,
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION   AND    SEEKING  ENHANCEMENT     OF
COMPENSATION.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING: -

                     JUDGMENT

Notice to respondent No.2 is dispensed with. Delay of 10 days in preferring the appeal is condoned.

This appeal is by the claimant for enhancement of compensation against the award passed by the IX Addl. Small Causes Judge and MACT, Bangalore, in MVC No.5696/2009 dated 5.3.2011.

2. The claimant along with one more person was going on TVS Moped bearing No.KA.06 U 7240 on 26.6.2009 on Talagunda - Kalapura road. When they reached near Seebi Chikkanna's Well, he stopped the Moped and was standing on the left side of the road talking to some persons. At that time around 7.00 p.m., the driver of Tractor and Trailer bearing No.KA.06 TA 223 and 224 came in a negligent manner and dashed -3- against the claimant and one more person. Due to the impact, claimant sustained injuries namely hemarthorisis of the left knee with ACL tear, dislocation of right shoulder anterior aspect, left frontal haematoma. On the claim petition filed and matter being contested by the insurer, Tribunal having held that the accident was due to the negligence on the part of the driver of the Tractor-Trailer, awarded total compensation of Rs.1,18,000/- under the following heads:

Towards pain and suffering Rs.35,000/-, towards medical expenses Rs.10,000/-, towards conveyance and nourishment Rs.6,000/-, towards laid up period Rs.7,000/-, towards loss of amenities Rs.10,000/- and Rs.50,000/- towards future loss of earnings.

Being not satisfied with the compensation awarded by the Tribunal, the claimant is before this Court seeking enhancement of compensation.

3. Heard the learned counsel appearing for both the parties.

-4-

4. Having regard to the nature of injuries suffered, claimant would be awarded another Rs.10,000/-

towards loss of amenities and enjoyment in life, another Rs.15,000/- towards incidental expenses, diet, conveyance and attendant charges, another Rs.10,000/- towards loss of future income due to the disability by taking earning on a little higher side. Thus, claimant would be awarded Rs.35,000/- over and above what has been awarded by the Tribunal with interest @ 6% p.a. from the date of petition till deposit. Insurer to deposit the amount within three month.

Appeal is allowed in part.

Sri A.K.Bhat, is permitted to file Vakalath for the insurer in four weeks.

Sd/-

JUDGE AP*

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