High CourtsSingle Bench(2013) 06 KAR CK 0167

Anitha vs The Oriental Insurance Co. Ltd. and Sri. R. Perumal

Karnataka High Court · Decided on 21 June 2013

HON’BLE JUDGES
N. Ananda, J
RESULT
Partly Allowed
CASE NUMBER
Miscellaneous First Appeal No. 4128 of 2011 (MV)

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Judgment

9 paragraphs · 248 words

N. Ananda, J.—Memo filed for dispensation of notice to respondent No. 2 is accepted at the risk of appellant. The matter is listed for orders. Lower court records are received. With the consent of the learned counsel for parties, the matter is taken up for final disposal.

2.

This is a claimant''s appeal for enhancement of compensation.

3.

I have heard Sri. Girimallaiah, learned counsel for claimant and Sri. C.R. Ravishankar, learned counsel for Insurance Company.

4.

The claimant had suffered fracture proximal 1/3rd of right tibia. She was treated in Sanjay Gandhi Accident Hospital and Research Institute at Bangalore. The claimant was aged about 19 years at the time of accident. There is no proper evidence in proof of her income or avocation. The Tribunal has awarded compensation of Rs. . 1,52,800/- under the following heads:

5.

On hearing learned counsel for parties, after going through evidence and the impugned award, I find that compensation awarded by the Tribunal towards loss of amenities is inadequate. The Tribunal has not awarded compensation towards attendant and conveyance charges. Therefore, I award additional compensation of Rs. . 25,000/- towards loss of amenities and Rs. 5,000/- towards attendant''s and conveyance charges. Thus, claimant is entitled to total compensation of Rs. .1,82,800/-. In the result, I pass the following:

ORDER

The appeal is accepted in part. The impugned award is modified.

Compensation of Rs. 1,52,800/- awarded by the Tribunal is enhanced to Rs. 1,82,800/-.

The rest of the impugned award is confirmed.