High CourtsSingle Bench(2013) 06 KAR CK 0001

Sri Awes Ahmed Desai vs Sri B.R. Govindaraj and M/s. Iffco Tokio General Insurance Co. Ltd.

Karnataka High Court · Decided on 26 June 2013

HON’BLE JUDGES
N. Ananda, J
RESULT
Partly Allowed
CASE NUMBER
M.F.A. No. 6124 of 2011 (MV)

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Judgment

9 paragraphs · 197 words

N. Ananda, J.—The matter is listed for orders. The lower court records are received. With the consent of learned counselor parties, it is taken up for final disposal.

I have heard Sri K.T. Gurudeva Prasad, learned counsel for claimant and Sri O. Mahesh, learned counsel for Insurance Company.

As per wound certificate (Ex. P.7), claimant had suffered following injuries:-

I. Comminuted fracture of left scapula

II Fracture of left glenoid

The claimant had not examined doctor, who had treated him to prove severity of injuries and consequent disabilities, if any. The Tribunal has awarded global compensation of Rs. 36,000/-. The Tribunal has not awarded compensation towards "medical expenses" and also towards "loss of earnings during laid up period". Therefore, I award compensation of Rs. 15,000/- towards "medical expenses" and compensation of Rs. 10,000/- towards "loss of earnings during laid up period". Thus, claimant is entitled to additional compensation of Rs. 25,000/- and total compensation of Rs. 61,000/-.

2.

In the result, I pass the following:-

ORDER

The appeal is accepted in part. The impugned award is modified, compensation of Rs. 36,000/- awarded by Tribunal is enhanced to Rs. 61,000/-. The rest of the impugned award is confirmed.