N A Manjegowda vs The Manager on 15 December, 2008

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Karnataka High Court

N A Manjegowda vs The Manager on 15 December, 2008

Bench: Subhash B.Adi

IN THE HIGH COURT OF KARNATAKR, BANGALORE¢ 

DATED THIS THE 15"'DAY OF DECEMBER 2003»faf,

BEFORE

THE HON'BLE MR. JUSTICE suanasn E Aﬁ: ' }V=

MFA No. 2122/zooekgmvaf

BETWEEN:

1 N A MANJEGOWDA
s/0 YAKsHNIGowDA_
AGED ABOUT 32 YERRS . 1 .~,.%~_
R/O HOSAKOPPALU, KAsAB,*HoBL:,j-
}m&%NTMMK ,_g.x,'3'gg
. vu * L=\ ;;.'AP9ELLANT

{By smﬁ : Khﬁirgﬁ H C; ADVdéATE)
AND : ,_ _ V __ _ _T_

1 TaE_MA§AsER_¥
ygw 1N9IA"AssURANCE co

~, BRAMCH«QFFICE -------- "
'uHASSAﬁ._k

*ﬁ P"BEﬁESﬁV

'Asio K C PUTTEGQWDA
JAI,HANUMAN ESTATE

 h ARAsxKERE ROAD
'nVHAssAN

.w"

... RES?ONﬁENTS

'"a (By Sri: K SURYANARAYANA RAG, ADVOCATE FOR R1)



2

THIS MFA FILED U/S 173(1) OF MV' ACT,
AGAINST THE JUDGEMENT AND AWARD DATED
23.10.2007

PASSED IN MVC NO.l772/2006(OLD MVC NO.437/1999) ON THE FILE OF PRESIDING OFFICER & ADDITIONAL MACT, FAST TRACK COURT-I, HRSSAN, PARTLY .ALLOWINGr THE CLAIM PETITION COMPENSATION AND SEEKING COMPENSATION.

WFQR;

ENHANcEMENT=TjQE_5.

THIS MFA COMING ow FOR ORDERS THisd§§i,S THE COURT DELIVERED THE FOLLOWING;§ T J U n G M 2 N, Since the liabi1ity"i§D»not "ie'«dis§gte, a»i$ dispensed with notice to Reepoﬁdent No. as prayed ih zhefmemqL.f~_I

2) Tﬁcgdh Etﬁisetmatter is listed for v,O;ders§wi£h the consent of the learned counsel ven'$¢th sides}x_the same is taken up for final *-Z, disp§sa1;'7?"E V"n 3).DTﬁis is a claimant's appeal filed Aéedainsﬁ the judgment and award passed by the OIMACT, Hassan in MVC No. 1772 of 2006 dated K é;;%?T 23.10.2007 seeking for enhancementf"icf', compensation.

4) It is alleged that, th% éigiﬁanﬁ m§%Ldﬁ with an accident 04.12.i99j gear Alur gﬁaaige"

while he was moving' on iﬁie' Vehicle? bearing Registration No. MYHL?355 tree éalya tciﬁassan Diary, due to a rash and ﬁégiigéﬁt driving of a lorry beariﬁgﬂﬁedistratien Net Kﬁ.0l.3534, which came _frem 'the §§ppoeitew direction and dashed against th§.moebr-cycle ridden by the claimant, as ~a *:ésui:;, he suffered grievous injuriee and was admitted te the s.c. Hospital lat 'Hessan,iWwhere he as inpatient took treatﬁent"fQr tee fracture of right femur and cther"injaries.

i"_5f§The Tribunal considering the evidence i*.¢a record held that, the claimant is entitled K '* a.

has suffered disability due to the accidehtiiehZ_ question. The accident took place in the year"d 3.997. So, by taking the incom'eAA'Vo'£« "1:}'W,e-;'<2._"Ai'_V:"'?.VI»3'--._IV¥?.<'~,V2Vl"'1lZVh at Rs.70f- per day, he i3:Fentitledv'forVi compensation of Rs.36,288%¥qwhiehiielroehded off to Rs.37.000/+*,towarde3 lose A¢§, feture income. As there iislVhezidieeﬁtel_that the claimant hash ehﬁferedh traetere. iae such, he might have;teteh*treateeht re: long period. If that is.tekehIiete*ceheideration, the claimant is entitled 'fegbtaﬁeegég "sum of Rs.4,500/-- towards loee of earning during laid--up period. ;The awerd of compensation in all other respect ie'left[uhdisturbed.

A1G);In all the claimant is entitled to ""ohcempensetion of Re.41,500/-- with interest at iﬁtzpafd from the date of petition till the date of payment, over and above ﬁhé "_ compensatien already awarded by the ?:i$unai@M Accordingly, the apﬁaaE"» is " @af3iy"Q allowed.

Any amount in depesifubéfﬁfg thié Court, shall be transferred {Q the Triﬁuﬁaig % STc%il¥%-

KGR*

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