The High Court of Karnataka, Gulbarga Bench enhanced the compensation awarded to a minor appellant in a motor accident claim, ordering an additional sum of Rs.53,000 considering the cost of replacing incised teeth.
Appellant granted additional compensation of Rs.53,000 with interest at 6% p.a. from the date of the petition.
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2014
BEFORE
THE HON’BLE MR. JUSTICE A.S.PACHHAPURE
MISCELLANEOUS FIRST APPEAL No.31270/2012 (MV)
BETWEEN:
DURGAPPA S/O HANMANTH, AGE: 11 YEARS, U/G OF MOTHER CHANNBASSAMMA W/O LATE HANMANTH, AGE: 41 YEARS, OCC: COOLIE, R/O SANKANOOR, TAL: CHITTAPUR, DIST: GULBARGA, NOW RESIDING AT H.NO.2-402, UPPER LANE, SHARAN NILAYA, JAGAT, GULBARGA – 585 103.
…APPELLANT
(BY SRI R.S. PATIL, ADVOCATE)
AND:
…RESPONDENTS
(SRI SUBHASH MALLAPUR, ADV. FOR R2; R1 - SERVED & UNREPRESENTED)
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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2011 PASSED IN MVC NO.238/2010 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MEMBER OF MOTOR ACCIDENT CLAIMS TRIBUNAL AT GULBARGA, PARTLY ALLOWING THE CLAIM PETITION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, with
the consent of the learned counsel for both the parties, it is taken up for final disposal.
of compensation awarded by the Tribunal for the injuries sustained by him in a motor vehicle accident, has filed this appeal, seeking
enhancement.
No.KA-29/F-295. He suffered loss of 4 incised
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teeth, pain over chest and abrasion on knee joint and pain in the head and chest.
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expenses and replacement of teeth and the cost of
replacement of teeth etc., the interest of justice would be meet in case if the appellant is granted a total sum of Rs.75,000/-. Deducting a sum of Rs,22,000/- awarded by the Tribunal, the appellant is entitled to an additional sum of Rs.53,000/with interest @ 6% p.a.
Consequently, the appeal is allowed. The appellant is entitled to a sum of Rs.53,000/- with interest @ 6% p.a. from the date of the petition till its payment, in addition to the compensation awarded by the Tribunal.
Sd/JUDGE
LG
1 issue framed by the court
Whether the compensation awarded by the Tribunal for dental injuries and other simple injuries is adequate.
1 provisions across 1 enactments
Durgappa S/O Hanmath
Baswaraj S/O Sidramappa Angadi
Divisional Controller
A.S. Pachchapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
