Partly allowed
Sham @ Ramanna S/O Irappa Lamani v. Ramesh S/O Bhadrappa Naik
Karnataka HCMFA/22504/2011
Case brief
from the order text
What is this about?
COURT OF KARNATAKA CIRCUIT BENCH, DHARAWAD…
What the court decided
AI extract
COURT OF KARNATAKA CIRCUIT BENCH, DHARAWAD…
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THE HIGH COURT OF CIRCUIT BENCH, DHARAWAD IN KARNATAKA
Dated the 2nd day of July 2012
:BEFORE:
HONBLE MR.JUSTICE : V.JAGANNATHAN MISCELLANEOUS FIRST APPEAL No. 22504 / 2011 (MV1
BETWEEN:
SHAM @ RAMANNA Sb IRAPPA LAMANI AGE: 27 YEARS, 0CC: MESTRI WORK. RIO GANGAJAL TANDA,
TQ: RANEBENNUR, DIST: HAVERI.
.Appellant
(By Sri B.S.Sangati, Advocate.)
AND:
Respondents
(By Sri M.K.Soudagar, Advocate for R-2.)
MFA FILED U/SEC. 173(1) OF THE MV ACT, 1988. AGAINST THE JUDGMENT AND AWARD DID: 03-03-2009 PASSED IN MVC
ENHANCEMENT OF COMPENSATION. NO.656/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND MEMBER. ADDL. MACT, RANEBEN1’JUR. PARTLY ALLOWING THE CLAIM PETITION FOR COMEPNSATION AND SEEKING
THE COURT DELIVERED THE FOLLOWING: THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT
sought on the ground that the Tribunal erred in taking 35% functional disability. 6% disability as against the doctor’s evidence indicating In this appeal by the claimant, enhancement is
taken at a higher figure. the doctor’s evidence that the percentage of disability be 2. The appellant’s counsel submitted by referring to
assessment made by the Tribunal is just and proper. Insurance Company submitted that there is only one fracture the right fibula and, therefore, the 3. On the other hand, the learned counsel for R-2 of
3
Taking the aforesaid submissions into account, on have to be awarded a further sum of Rs.38,880/-. The of the period of delay in filing the appeal. whole body could be taken and consequently, under the who has opined 35% disability, in my view, 12% for the 4. a perusal of the of the medical evidence of the doctor, head of loss of future earning capacity, the appellant will said amount will carry interest at 6%, except in respect
The impugned award is accordingly modified and the appeal is allowed in part thus.
Sd/a JUDGE
ckc/
Sham @ Rannna Sb Irappa Lamani
Ramesh S/o Bhadrappa Naik
The New India Assurance Co. Ltd.
V. Jagannathan
As recorded by the court registry
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