High CourtsSingle Bench(2011) 11 KAR CK 0241

Gowramma vs K.L Vasudev and The Manager The Bajaj Allianz Insurance Co. Ltd. 2nd Floor Sri Laxmi Complex, Infront of BSNL Buidling, B.M Road, Hassan

Karnataka High Court · Decided on 8 November 2011

HON’BLE JUDGES
Huluvdi G. Ramesh, J
CASE NUMBER
MFA NO.3293 of 2011 (MV)

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Judgment

6 paragraphs · 216 words

Huluvdi G. Ramesh

1.

This appeal is by the claimant seeking for enhancement of compensation as against the award passed by Additional District judge and MACT II, Hassan in MVC No. 1784/2008 on 7.2.2011

2.

The claimant has sustained injuries on 5.52.2008 in an accident occurred due to the negligence of the rider of the motor bike bearing No. KA-13-S-7539. The Tribunal, on consideration of material on record, has awarded compensation of Rs. 95,000/- with interest at 6% p.a.

3.

Heard.

4.

As per the wound certificate-Ex P5, the claimant has sustained five injuries, Out of which, three are grievous and two are simple in nature Considering the nature of injuries sustained by the clement, the compensation of Rs. 5,000/ awarded towards medical expenses including conveyance and incidental charges, is on the lower side and the same requires enhancament and is enhanced to Rs. 10,000/-. another sum of Rs. 15,000/- towards loss of amenities and Rs.5,000/- towards loss of earning during laid up period i.e., from 5.2.2008 to 9.2.2008 (5 days) Thus, the claimant is entitled to a sum of Rs.30.000/- over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit. The insurer shall deposit the amount within three months,

Appeal is allowed in part.