Karnataka High Court
Kamalax Chitrashekhar Kammar vs K V Palaniswamy S/O Venkatamma Chetidar on 8 February, 2011
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
IN THE HIGH COURT OF KARNATAKA CIRC WET BENCH AT DHARWAD OF DATED THIS THE 8'' DAY OF FEBRU ARY: 2014. BEFORE THE HON'BLE MR.JUSTICE K. SREEDHAR RAQ. %~ M.F.A. NO. 21352/2009 (MV) Between: - Sri. Kamalax Chitrashekha ur "Karamar, : Age: 30 years, Occ: Student, ~ R/o Haragunur, Dist: Bellary. ee oe | & Appellant (By Sri. B.S. Sangati, Advocate). ~ : And 1. Shri, KV. Palaniswamy S/o Venkatamma Chetidar ki urunnivamnpa Tyan, Nallichettipalyam, Anvaur.: Avanashi (Tamil Nadu) ~ Owner 'ofthe. e L orry Now TDV/9252. 2. The: Divis signa i. Ma anager, The. united i Ind: a insurance Co. Lid., LEA £ -omplex, Dharwad, Insured at Braneh: Offi ice, Mettupa! yam-641 381 oo Palicy Noli70192/31/02! /16/9442/1999) 3. Srp. Shabbirahmmad ~.., S/o Madarsab Hebballi, Baraimam Galli, Dharwad. rab tne (Owner of an Auto Rikshwe No. KA-25/A-3915) 4. The Divisional Manager, National Insurance Co. Ltd., Sujata Talkies Complex, Hubli. (insurer of Auto Rikshaw No. KA-25/A-3915) | . «Respondent (By Sri. M.Y. Katagi, Advocate for R4, | | R3 -- Sd/- - RE -ACK,NYR., . ce Sri,C.V¥. Angadi, Advocate for R20. This MPA ts filed u/s... 1730] om: f NAV 'Act against the Judgment and award dated 2602-200 8 passed in MVC No.156/2001 on the file of the II-Addl. Civil Judge (Sr. Dn.) Dharwad, partty all ows ing "the claim petition for compensation ancl sec eking en ahaive ement of compensation. This" appeal coming for: orders on this day, Court delivered the Foil owing: - LU DGMENT i. . The. appellant-petitioner was an inmate of auto "ickshaw, a lorry insured with respondent no. 2 dashed ygainst the auto rickshaw insured with respondent no. 4. "re sustained fracture of right clavicie and other injuries. Lull Fracture of clavicle does not involve any permanent disability, which would affect his income and avocation, © bo ae. won pom e> m9 ta ons woe op ee) poet f oe a me oa Nett =
promt ep mo wo un go ed vet Seo oo ~ ter em "3:
= o tai wa . on cs fh.
oo = at ene ced eras' also doing pharmaceutical business. "His-notional income was assessed at €.3,000/- per month. The Tribunal has found that the accident ogourred solely" on account of negligence of the lerry. 'The said finding is sound and proper and does not call for i nterfere nee.
3, On reassessmeiit of facts'and evidence the petitioner ig granted £.30:900/- towards pain and agony, £.10,000/.
towards. 16ss.of.amenities and future discomfort if any on account. of "belated. reflections, %.10,000/- is awarded "tewards.medical and incidental expenses, ©.10,000/- is awarged towards loss of income during laid up period.
4, Accordingly the appeal is allowed in part. The petitioner in all is entitled to compensation of £.60,000/., as against €.22,000/- awarded by the Tribuna: Interest --
of 6% p.a. from the date of petition til payment, E3 Driver ef the lorry. is presecuted. Hence entire compensation shall be paid by the insurer of the lorry,
1.é., respondent nor 2.
Entire enhanced compensation. shall be paid to the appellant-petitioner without.any provision for deposit.
OVY