Karnataka High Court
Nazeem @ Nazeem Pasha vs United Inida Insurance Co Ltd on 15 February, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE LST DAY OF FEBRUARY, 201 LL THE HOWBLE MR.JUSTICE SUBHASH B ADL -- MPA NO.61/ 2008 (MY. HAZEERM @ NAZEEM PASHA, 8/O MAHABOOR SrARIFE , AGED ABCHIT 46 anon' R/O NOLL28, SRS Oss. OLD NUbnatoa ria VINAVAKARAGAR. a re PANGALOR: 25. - _ a _... APPELLANT (BY SRI. VISHWANATH 8, SHETYER, ADV) ee ee i. UNITED INDIA. HIS JRANCE CO. LTD., BY ITS MANAGER, ~. = x, ST. PATRICKS RUTLDING, - NWO21 MUSEUN ROAD, - BAI WGAL ORE - at 4. SYED PRY Bk, "8/O SvED RAHEER : ASE MAJOR, _ R/AT 28° CROSS, . ANJANAPPA GARDEN, : BANGALO IRE - 18. ... RESPONDENTS
-_ "(BY SRI. K.NLSRINIVASA, ADV. FOR R1, mo, x ' 7 'g ac re eae + ISPENSER WITH.) :
ius MPA 1S FILED U/S 173:1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:
LG.7 2007 PASSED IN MVC NO.5250/2004 ON THE FILE OF THE M1 ADDL. JUDGE & MEMBER, M4&CT METRO OLITAN AREA, BANGALORE {(SCCH.19), PARTLY ALLOWING THe CLAIM PETITION: POR. COMPENSATION AND SEEKING ENHANCE EMENT OR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIs DAY, Toe COUT MADE THE FOLLOWING: a Thla is claimant' appeal secking enhancement of compensation for the 'aies cee 'in road accident that occurred. oak. OL. 08. 200 7 " Claimant sought for | | 2 Bbc & fe BOP Corer : -- Seams vg ete comperniati zi OL Re. 19,00,000; ~~, PRS VEr, OFL LO mee of evidence mee 'record, Tribunal bes awarded the ~, Uneetehed with the saul i | compensation of Rs.90, 7 award clair rari is ia the appeal.
2. Clairuant bad sustained the grievous injuries . Prec ture of 4,5,6,7 8° ribe () ewe end freachare of en US) skie wiln haemo preurio tire.
3. Doctor has the cdleablity = tom Cermpression of dorsal vertetre TO & TIO by 20% without neurological deficiency = 10%, fractures al union 4,5,6,7 & & ribe = 20% and permanent disabitit to the whole body at 30%. The sais not an ancepts i by the Tribunal on the ground that | he : 6 mas the. | doctor - whe treated the claimant and is "only. "orthopedic eurgeon, he cannot epeak on Reurdlogical problems. Considering the seme, | Tribuna ) ral | hes. awarded the compensation ad urider:
Towards painand agouw | Re 20,000/- Towards Medical acpermes,; | Re.20,000/- conveyance, nourishment ©». & other incidental ges Co Towards lowe cf future ~ | Re. 10,000/-
| aed & enjoyment it ot o 7) Bhs 7 . Pecuniary bee during the | Re.50,000/- eames mat peck' ard in hie i otal Re 90,000) -
4. it iy mot in dispute that a eules ed Grievous iy Liries BS at ated shows. No doubt P@2 @ not Neurologist doctor, but nevertheless he m Saat not treated, he In consideration a ete of the same, | am of the opinion that the compensation awarded by the Tribune! requires reasonably enhanced.
5. Towards pain and eullerings, claimant. is . entitied for sacdditional compensation oe Re.10,000/-. Towerds medical experecs, clnimant '& enititled for additional compensation" of : Re. 10,000/-. "Towards future amenities,
3. claimant 8 entitied Jor additional compensation of Ka.10,00C/-. Towerda pecuniary los during the treatment period, claiment is entitled for Om Spee The appeal ie alowed im part. The claimant =
-emtitied for sum of a.6),000/- over ard above the arced by the tribunal with mtereat. Sd/-
JUDGE