Shivanand v. Nagappa
Case at a glance
Outcome
Partly allowed
The appeal is partly allowed
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Judgment
(By Sri. Subhash B. Sankad. Adv.. for Shivnraj F’. Mudhol, Adv.j .Appellant AND:
Nagappa S/o. Basappa Puradagudi, Age: 33 years, 0cc: Panshop Business, R/o. Akki Oni, Saundatti, Tq: Saundatti, Dist: Belgaum.
The Divisional Manager, Oriental Insurance Company Ltd., Divisional Office, Shanbag Chambers, Kirloskar Road. Belgaum. (By Sri. La’cman B. Mannodar, Adv.. for R2, Ri-sd) .. .Respondents This appeal is filed under Section 173(1) of MV Act, against the judgment and award dated 19.08.20 10 passed in NP/C No.1417/2008 on the file of the Addl. Senior Civil Judge and Member, Addi. Motor Accident Claims Tribunal, Saundatti, partly allowing the claim petition for compensation and seeking enhancement of compensation etc., This appeal Interlocutory Application this day, the following: coming for Hearing the Court delivered JUDGME.NT This appeal is directed against the judgment and award dated 19.08.2010 in MVC No.1416/2008 passed by Motor Accident Claims Tribunal. Saundatti.
2. The grievance of the appellant is inadequacy of compensation of ?21.000/- awarded by the Tribunal under all heads. In the motor accident on 15.01.2008. the appellant sustained injuries as under:
1. Tenderness and swelling on left clavicle movement shoulders painful, sagmental fracture of left clavicle bone,
2. Abrasion at left elbow.
Contusion at left shoulder.
Contusion at left scapular region of :3:
Abrasion at left knee joint.
Abrasion at left thigh.
Contusion at right leg.
3. The medical evidence on record discloses that there is 14% disability to the injury. On the date of accident, the appellant was aged about 30 years and he was doing grain business. One of the injuries sustained by the appellant is a fracture of left clavicle bone. Having regard to the age. the fracture. the length of treatment. suffering, compensation awarded by the Tribunal is on lower side. In the facts and circumstances of this case, I am of the opinion that grant of additional compensation of Z20,000/- under all heads will meet the ends ofjustice.
Operative part
4. Accordingly. the following I. ii. ORDER The appeal is partly allowed. The impugned MVC No.1417/2008. dated 19.08.2010 is here medifed enhantv l ornpnsuion from 2 00 4I 000 Rerririr aspt ts th irnpugiied t\d ifltat and undist irbd Sal JUDGE BS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is partly allowed
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.