Karnataka High Court
T Suresh S/O Thimappa Reddy vs The Oriental Insurance Co Ltd on 9 February, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9" DAY OF FEBRUARY 2011
BEFORE
THE HON'BLE MR.JUSTICE SUBHASH B ABT
MISCELLANEOUS FIRST APPEAL NO. 10622 CF 2007 (MV}.
Between:
T. Suresh,
S/o Thimappa Reddy.
Aged about 50 years, oa
C/o Guru Engineering Works...
No.3-9/1, Konchadi Airport Road, a
Yeyadi, Mangalore-O8. ~- . "., Appellant
(By Sri. Sripad V. Shastri, Advocate} -
And:
|. The Oriental 'iienrance Co. Ltd,
D.O. VIE, DVS Road,
Ill Cross, Chikkanna Garden,
Shankar Mutt Compound,
Chamarajpet, .
Bangalore-566C. 004,
By its Manager,
"2... Mr. dayaramaih.,
me Majer..R/a-No.61, I] Cross,
| Main. Brundavan Nagar,
Bobhighat,
Bangalors-19. .. Respondents
{By Sri. K. Suresh. Advocate for R1)
ok oe ee
. This Miscellaneous First Appeal is Mied under
Section 173(1) of MV Act against the Judgment and
| Te "Award dated 22,.3.2007 passed in MVC
No.4463/2004 on the file of IX Additional Judge.
Court of Small Causes, Member. MACT-7,
Metropolitan Area, Bangalore, (SCCH No.7) partly
allowing the claim petition for compensation ard
seeking enhancement of compensation.
This Miscellaneous First Appeal coming on fer.
orders this day, the Court delivered the foltowing:-
JUDGMENT
Claimant has filed this" appeal seeking.
enhancement of compensation for. the" injuries suffered in the road traffic accident that oceurred on 28/29.11.20038. The 'Tribunal op. the basis of the evidence on record has awarded: compensation of 265,000/. with interest. . Unsatisfied with the same. the claimari.is before thie Court.
2. The claimant 'suffered fracture of both the . bones. of right leg. He is a government servant. He cmust have = got reimbursement of medical expenditure. and also there is no loss of future income as he was continued in service with same ~ assignment. However, while granting compensation the YPribunal has granted %30,000/- towards pain and suffering, *5,000/- towards loss of earning for ae aot the laid up period, £10.000/- towards medical and incidental expenses and %20,000/- towards loss.of amenities. Though the doctor has stated that there is 7% disability, there is no loss of future income = nevertheless, towards disability, which is going to"
be suffered by the claimant in his day to day work. Considering the same, %25:060/- is. awarded towards disability, .pver card ~ above the compensation awarded. "by | the : Tribunal. with interest.
qa Sa/-
JUDGE AHB