High CourtsSingle Bench(2011) 12 KAR CK 0252

Mr. Onkari vs Mr, Firoz Khan and Reliance Ganeral Insurance Company Ltd.

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
MFA No. 2250 of 2011 (MV)

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Judgment

6 paragraphs · 226 words

Huluvadi G. Ramesh

1.

This appeal is by the claiment seeking enhancement of compensation as agelnet the judgment and award dated 4.12.2010 in MVC No. 481/2009 on the file of the Senior Civil Judge and CJM, Addl MACT, Chitradurga,

2.

The claimant has sustained grievous injuries In the road traffic accident that occurred on 12.09.2008 wear Bommenchelly due to the negligence of the driver of the Larry bearing No. KA-16 A 5719. The claimant sustained fracture to neck of the right femur and abrasion ever right feet and ether parts of the body. The Tribunal, on consideration of material on record, has awarded compensation of Rs. 1,48,000/- with Interest at 6% p.a. from the date of petition till the date of deposit Dissatisfied with the award, the claimant is in appeal seeking enhancement of compensation.

3.

Heard.

4.

The claimant was aged about 21 years at the time of accident and ha was working as a mason. The claimant would be awarded another sum of Rs. 15,000/- towards Loss of amenities and enjoyment in life'' and Rs. 15,000/- towards Medical Expenses'' Thus, the claimant is entitled to a sum of Rs. 30,000/- over and above the compensation awarded by the Tribunal. Out of which Rs. 15,000/- shall carry interest at 6% p.a.

The Insurer shall deposit the amount within three months. Appeal is allowed in part.