Ningappa S/O Mahantappa Vakra vs New India Insurance Co Ltd on 24 February, 2010

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Karnataka High Court

Ningappa S/O Mahantappa Vakra vs New India Insurance Co Ltd on 24 February, 2010

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA 

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 24TH DAY 01-' FEBRUAi2f,'J ~

BEFORE 

TI-IE HON'BLE MR. JUSTI;CE:A.'S.  _

M.F.A. No.VS2,:Q'849/A2OO9.VVAV   
BETWEEN: S'

NINGAPPA   
S/0 MAHANTAPPA     A
AGE: 43 YEARS, occi: AG1§:1LD4ALSLiDVMI'LK BUSINESS
R/O MATALAD1jNN,1, _N0\vRES1DINGSAT
VADAGANAL§'_'TQ"8:__DI~STV,;"~KOPPAL.'

  N    % APPELLANT.
(BY SR1D.ACHANDRASHEE[I<AP..P.PATIL, ADV)

ma   

-' - _1_ Sm3WSA1N'D1A INASSUEANCE CO.L'I'D.,
A . "DIVI_S'I~O'NA'L_OFFICE, EDIGA HOSTEL COMPLEX,

".;oPP:'2<:SRf1'cV~ABUS STAND, EELLARY.

* ' D~1'ST:' BELLARY.

2. PARAMANANDA S /0 KANNAYYALAL KARWA,

 . SAGE: MAJOR, OCC: BUSINESS 82; OWNER OF

 A 'CRANE NO: RJ--16/E--O416,R/O NEAR

 (BY SRLRAVINDRA RMANE, ADV FOR R1

 'VEGETABLE MARKET, ELKAL,
 DIST: BAGALKOT.

RESPONDENTS.

R2-- NOTICE SERVED) L In MFA FILED U/S 173 or MV ACT AoA1Nsi*THE JUDGEMENT AND AWARD DATED: 18/~12 /$2008 PASSED IN MVC NO.l99/O8 ON THE FIL:E'~«QVF.c__i'TE;{Ei ADDLMACT 85 FTC--I, KOPPAL, PARTLY.fAI,iIiQ'W'IN(3 4_ THE CLAIM PETITION FOR COMPENSATION' .ANvD--«.. A SEKING ENHANCEMENT FOR C.OMPEN--SA'_FICN_. A A"

THIS APPEAL COMING oixi'-Fo[Ri"ADiv1:sstoNA DAY, THE couar DELIVERED THoE,_FotLov\riiNo;;ﬂ The appeI1ant--ciaii.nsr;i_it. enhancement of the compensation as in MVC No. 199/2003: iiiei théi,A'dd1;""MACT and FTC-I, Koppal. disposed of along with the award in 200/08 the claimant xthereih .-- this Court in MFA.No. _ 208.438/O9 whichiiﬁ/as: disposed of prior to disposing of contention which had been urged in iithﬂspaid is the same contention in the instant . case) stitch it is not necessaiy to refer to the A A ' '*'C()1'i t9_I'lt1.VC')1'1. H2. Hence, keeping in View and in View of the same "contention urged in the connected appeal in so far as the income of Rs.3,600/-- should. be taken in the instant A 1:

case. With regard to multiplier even though the age as reckoned by the Tribunal is contended ":l:asg:'--.fnot appropriate since the age is indicated as appeal records, I am of the vievw"'th-at the justified in reckoning age as the the same is based on the certificate :"?Nh'i,cihmvirou1d if have the assessment the&..age.llgrn.ade medical practitioner. Therefore; 'V justified. Further with:..regard reckoned in the instant case', stated at 35 to 40% to the Though in the connected' opinion that 17% is to be reckoned, in the instanficase considering the nature of «~.the'-iiijnjury indicated in the wound certificate at EX.P.6 if is slight shortening, the appropriate disability teas; reckoned is 20%.

the said parameters are reckoned and cornpensation is re-calculated on the head of loss of future income at 20% disability, sum of Rs.95,040/-- would be the amount. Since the Tribunal has already l 4- awarded Rs.59,4OG/-- the balance amount of Rs.35,640/-- would be due to be paid. Further. instant case considering the nature of inj_t1i=iespii'afid {fin the period of treatment, some rno»re._amcsunt"Wo111d.have V to be awarded in the head of 1:*iw:.¢ci:i_cai nourishment and conveyance"~i.n ac1dit__io'n_to.jtheiiiamiounti"

as awarded by the Tribunal;---«iyfhereforeititonmvake good the short fail} on the - is awarded. Therefore, to Rs/15,640/-- with as awarded by the Triburp]oigi1i;"e~ of Rs.-45,640/-- with interesVt_sih.a11 the Insurance Company Within a period.o'1"--. from the date of receipt of «._Copy5i"of,_-t.hiszJudg'e'n1'ent. On deposit, the entire amount to the claimant.

of the above appeal stands disposed of. ig.N1'oviorder as to costs. Sﬁfé Iudﬁ Vmb/nn

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