High CourtsSingle Bench(2011) 12 KAR CK 0346

Sri Gaviyappa vs The Divisional Manager The Oriental Insurance Co Ltd., No 10. 213-217, Nagaprabha ChambeRs. III Main, IV Cross, Chamarajpet Bangalore 560018, Sri K Narayanappa and Sri B M Srinivas

Karnataka High Court · Decided on 7 December 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal No. 2357 of 2011 (MV)

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Judgment

15 paragraphs · 192 words

Huluvadi G. Ramesh

1.

This appeal is: by the claimant seeking enhancement of compensation as against the award passed by the MACT No. V, Small Causes Judge, Bangalore, in M.V.C.No. 958/2010.

2.

Claimant has sustained injuries in the accident occurred on 23.1.2010, due to the negligence of the driver of the tipper lorry bearing No. KA 06 D 6999 on Kanakapura road while he was going as a pillion rider on a motorcycle bearing No. KA05 EX 5524. The Tribunal has awarded a total compensation of Rs. 45,000/- on the following heads:

Medical expenses

Rs. 15,000/-

Loss of income

Rs. 5,000/-

Pain and suffering

Rs. 15,000/-

Loss of amenities

Rs. 10.000/-

Being not satisfied, the claimant is before this Court.

3.

Heard.

4.

The claimant has suffered fracture of anterior and posterior walls of left frontal sinus and also injury on the left frontal small epidural haemetoma. Hence, he could be awarded another Rs. 25,000/- over and above what has been awarded by the Tribunal, with 6% interest from the date of petition till deposit, under all the heads. Insurer to deposit the amount within three months.

Appeal is allowed in part.