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Judgment
C.R. Kumaraswamy, J.—This Miscellaneous First Appeal is filed u/s 173(1) of MV Act against the judgment and award dated 20.08.2009 passed in MVC. No. 122/2008 on the file of the Civil Judge (Sr.Dn.) and MACT, Holalkere, awarding compensation of Rs. 2,53,050/- with interest at 6% p.a. from the date of petition till realisation. With the consent of the learned counsel for the appellant as well as the learned counsel for the respondents, this matter was heard for sometime.
The case of the claimant in the Claims Tribunal is as under:-
That on 17.03.2007 at about 2.30 p.m., the claimant was proceeding by walk at Gavirangapura road, Srirampura village, Hosadurga Taluk. At that time, the rider of Hero Honda motor cycle bearing registration No. KA-16-Q-5268 drove the same in a rash and negligent manner and hit against the claimant. As a result of which, the claimant sustained injuries.
In the Claims Tribunal, the respondent No. 1 was placed ex-parte. The respondent No. 2 has filed the objection statement denying the averments made in the claim petition.
The Claims Tribunal has awarded the total compensation of Rs. 2,53,050/-.
Feeling aggrieved by the same, the Insurance Company has preferred this appeal.
During the course of arguments, learned counsel for the appellant submits that the compensation awarded under the head of loss of amenities is not proper and also the compensation awarded is slightly on the higher side.
Learned counsel for the respondents fairly submits that a sum of Rs. 25,000/- may be reduced and the suitable order may be passed.
The claimant has suffered the fracture of femur left side and fracture of neck of femur right side. The Doctor has stated in his evidence that the claimant has got disability to the extent of 35% to the right lower limb and 15% to the left lower limb. The functional disability assessed at 25%. In my opinion, the compensation has to be reduced to the extent of Rs. 25,000/-. Therefore, the compensation awarded by the Claims Tribunal in a sum of Rs. 2,53,050/- is reduced to Rs. 2,28,050/-. In the result, I pass the following:
ORDER
This Miscellaneous First Appeal is allowed in part.
The compensation is reduced from Rs. 2,53,050/- as awarded by the Claims Tribunal to Rs. 2,28,050/-.
The amount in deposit shall be transferred to the concerned Claims Tribunal.
Rest of the judgment and award is accepted.