High CourtsDivision Bench(1981) 07 KAR CK 0028

Shivangouda Basangouda Patil vs Muttayya Danayya Chikkamath and Others

Karnataka High Court · Decided on 23 July 1981 · Citation: (1982) ACJ 224 : AIR 1982 Kar 152 : (1983) 54 CompCas 545 : (1981) 2 KarLJ 592

HON’BLE JUDGES
M. Nagappa, J · G.N. Sabhahit, J
CASE NUMBER
Misc. First Appeal No. 816 of 1980

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Judgment

4 paragraphs · 302 words

Sabhahit, J.—This appeal by the claimant injured is directed against the judgment and award dated 1-2-1980, passed by the Motor Accidents Claims Tribunal, Dharwad, in M. V. C. No. 1961 ,1978 on its file, awarding compensation of Rs. 11,000/- to him.

2.

As a result of the accident that occurred on 14-5-1978 in Hanagal, at about 2 p. m., the claimant sustained fracture of the shoulder bone, mandible, in addition to other injuries of minor nature. After he was treated in the hospital, for a month, his mandible was set right by operating on him and fixing the wire to the jaw. Even after the said treatment claimant is now left with disfigurement of face and he complains that he cannot chew hard substance as before. It is also found by the Tribunal that the pinna of his left ear is disfigured being cut off. The Tribunal no doubt has awarded compensation of Rs. 10,000/- as general damages i. e., Rs. 5,000/- towards pain and suffering and another Rs. 5,000/- towards injury. But it has not taken into consideration the disability and disfigurement of the face. For that we deem it just and proper to add another Rs. 5,000/-. We affirm Rs. 1,000/- awarded by the Tribunal towards special damages. In all, therefore, the claimant is entitled to Rs. 16,000/- instead of Rs. 11,000/- awardt0d by the Tribunal.

3.

In the result the appeal is partly allowed. The Insurance company shall pay claimant the compensation of Rupees 16,600/- together with interest at six per cent per annum from the date of application till payment as also costs before the Tribunal. In the view we have taken the cross-objections filed by the owner of the vehicle are dismissed. No costs in this appeal and cross objections before this Court.

4.

Appeal partly allowed.