Balappa S/O Fakkirappa Amatur v. Srinivas S/O Ganganna
Case brief
What is this about?
The High Court allowed the first appeal in part, setting aside the lower tribunal's finding that the appellant suffered only simple injuries. The court held that medical evidence including X-rays proved fractures of the left ilium bone and acetabulum.
What did the court decide?
Enhanced compensation of Rs. 3,53,480/- awarded along with interest at 6% per annum from the date of petition.
What the court decided
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NC: 2023:KHC-D:8634 MFA No. 21615 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.21615/2011(MV-I)
BETWEEN:
SRI BALAPPA S/O. FAKKIRAPPA AMATUR, AGED 35 YEARS, OCC: AGRICULTURE AND DRIVER, (NOW NIL,) R/O: GURUVARPETH, KITTUR, TQ: BAILHONGAL, DIST: BELGAUM.
…APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND:
Digitally signed by SUJATA SUBHASH PAMMAR
Issues for consideration
3 issues framed by the court
Whether the appellant was entitled to enhanced compensation given that the lower tribunal overlooked fracture injuries of the left ilium bone and acetabulum.
What is the correct quantum of compensation under various heads including loss of future income due to disability.
Whether the X-ray films without the claimant's name are admissible evidence to prove the nature of injuries.
Parties & counsel
- appellant
Balappa S/o. Fakkirappa Amatur
- respondent
Mr. Srinivas S/o. Ganganna
- respondent
Baajaj Allianz General Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- MFA/21615/2011
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