Karnataka High Court
Sri Awes Ahmed Desai vs Sri B R Govindaraj on 26 June, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.No.6124/2011 (MV)
BETWEEN:
SRI AWES AHMED DESAI
S/O WAZEER AHMED
AGED ABOUT 33 YEARS
R/A FLAT NO.008, MUKUNDA APARTMENT
PALM GROVE ROAD, VICTORIA LAYOUT
BANGALORE. ... APPELLANT
(BY SRI K.T.GURUDEVA PRASAD, ADV.)
AND:
1. SRI B R GOVINDARAJ
S/O RAMAIAH SHETTY, MAJOR
R/A NO.19, S-2, KRUMBIGAL ROAD
CHICKMAVALI, BANGALORE-4
2. M/s.IFFCO TOKIO GENERAL INSURANCE CO. LTD.
CUSTOMER SERVICE CENTRE
KSCMF BUILDING, III FLOOR
III BLOCK, NO.8, CUNNINGHAM ROAD
BANGALORE-52,
BY ITS DIVISIONAL MANAGER. ... RESPONDENTS
(BY SRI O MAHESH, ADV. FOR R2; R1- NOTICE DISPENSED
WITH V.C.O. DTD: 26.06.2013)
THIS APPEAL IS FILED U/S 173(1) OF MV ACT, TO MODIFY THE
JUDGMENT AND AWARD DATED:30.03.2011, PASSED IN MVC
NO.5752/2010 ON THE FILE OF XXII ADDITIONAL SMALL CAUSES
JUDGE, MEMBER, MACT AT BANGALORE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
2
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter is listed for orders. The lower court records are received. With the consent of learned counsel for parties, it is taken up for final disposal.
I have heard Sri K.T.Gurudeva Prasad, learned counsel for claimant and Sri O.Mahesh, learned counsel for Insurance Company.
2. As per wound certificate (Ex.P.7), claimant had suffered following injuries:-
I. Comminuted fracture of left scapula II. Fracture of left glenoid The claimant had not examined doctor, who had treated him to prove severity of injuries and consequent disabilities, if any. The Tribunal has awarded global compensation of Rs.36,000/-. The Tribunal has not awarded compensation towards "medical expenses" and also towards 3 "loss of earnings during laid up period". Therefore, I award compensation of Rs.15,000/- towards "medical expenses"
and compensation of Rs.10,000/- towards "loss of earnings during laid up period". Thus, claimant is entitled to additional compensation of Rs.25,000/- and total compensation of Rs.61,000/-.
3. In the result, I pass the following:-
ORDER The appeal is accepted in part. The impugned award is modified, compensation of Rs.36,000/- awarded by Tribunal is enhanced to Rs.61,000/-. The rest of the impugned award is confirmed.
Sd/-
JUDGE SNN