Karnataka High Court
M/S Bajaj Allianz General Insurance ... vs Mukund S/O.Hariba Jadhav, Age 32 Years, on 30 September, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 30" DAY OF SEPTMBER 2011 BEFORE THE HON'BLE MR.JUSTICE SUBHASH B.ALI Miscellaneous First Appeal No.23442/2070 (MV) BETWEEN: - M/s. Bajaj Allianz General Insurance Co. Ltd., G.C.Plaza, Airport Road, _ Yerwada, Pune, a Herein represented by Bajaj Allianz General Insurance Co. "Ld. 4 Floor, V.A.Kalburgi Mansion... Opposite Municipal Cor rporaiion, .. Lamington Road. Hub!i, represented | By its authorised sign ratory. Te Me _.. Appellant (By Sri. Revindra R Mane, -Advooate) sou AND: a Shri. Mukund, Sio Hariba yada Age: 32. years, Occ. Nil, ~ Rio Khatanatti, Athani, "Dist: Belgaum... ..Respondent This mi iscellaneous first appeal | is filed under Section 173(1) . ofthe Motor Vehicles Act against the judgment and award dated . OD. 03.2010 passed in MVC No.656/2005 on the file of the Presiding Officer, Fast Track Court, Athani, awarding the - compensati on of Rs.9,53,000/- with interest at the rate of 6% p.a. from the date of petition till realisation. , This appeal coming on for orders this day, the Court delivered the following: JUDGMENT
There is a delay of 2 days in filing the appeal. However, the matter itself is considered on merit.
2. Appeal is by the insurer, questior.ing the quantum-.ot - compensation awarded by the Tripuinal in MV C.No.656/2005 dated 2"? March 2010 on the'file of Fast Track Court, Athani,
3. The Tribunal has awarded compensation of Rs.9,53,000/-with interest.
4. Claimant had sulfered grievous injury in a road accident that occurred on 29 10.2004, PW-3 is the Doctor, wno has been examined on commission". liv his evidence, he has stated that, ; there 100% disability 'He has opined that, due to the injury, clainiant had cuffered hemiplegia (complete paralysis on right side) with dysphasia (inability to speak). Apart from the Doctor's ~ evidence, Tribunal has also observed that, the claimant was brought : to the court on 25.11.2009 in the same condition. oo Tribunal has further observed that, claimant could not drink and ~, eat and also has observed that, the claimant has suffered from oy paralysis on the right side. A man, who has suffered paralysis, cannot be expected that he can carry on any function. Merely because it is only on the right side, learned Counsel for the insurer submits that, 50% disability should have been taker: : in ray injuries.
5. Having regard to the nature Gf evidence on recoid and the opinion of the Doctor, | tind that thie income of the deceased taken by the Tribunal at Rs.156/- per day is reasonable and it is not a case for interference. | Accordingly. tite. appeal fails and same is dismissed. The amount n deposit be transferred to the Tribunal. Sd/-
JUDGE N KNMI-