I IN THE HIGH COURT OF KkRNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 19TH DAY OF NOVEME.ER 2011 PRESENT THE HON’BLE MRJUSTICE HNNAGAMOHAN DAS AND THE HON’BLE MRJUSTICE KGOVINDARAJULU Q20202 2011 BETWEEN NARAYAN 5/0 APPAJI MALASAMUDRA, AGE: 43 YEARS, 0CC: PRIMARY SCHOOL TEACHER, R/O H S. VENKATAPUR, TQ, GADAG, NOW AT C/O RM. TEGUR, KELAGERI, DHARWAD TALUK & DISTRICT DHARWAD APPELLANT (BY SRLMALLIKARJUNSWAMY B HIREMATH AD . VOCATE) AND: SRI, N. M. HULEGEMMANAVAR AGE: MAJOR, 0CC: BUSINESS & OWNER OF THE TRACTOR NO 2/T1043, R/O KANAKA SADAN, NANDIGERI ONI, KURUBGERI, RANESENNUR, DIST. HAVERI 2. THE BRANC H MANAGER, UNITED ID..IA INSURANCE CO. LTD BRANCH OFFICE:, MOETLI BUILDING, OPP KSRTC BUS STAND, HAVERL581 I .. 0 REP. BY DIVISIONAL MANAGER, MiLl) JDIiLRLE ( L 1 0 J FLOOR EM’A\ CMiLE\ KESHWAPUR, HUBL1, RESPONDENTS (BY SRI: RAMANAGOUDA B PATIL ADVOCATE FOR Ri. SHRI MGGADAGOLI. ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OP MOTOR VEHICLES ACT. 1988 AGMNST THE JUDGEMENT AND AWARD DATED 180920I0 PASSED IN MVCNO8/2008 ON THE FILE OF THE I DD1TIONL SENIOR CIVIL JLDGE AND CJM DHARWAD PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND ETC. THIS MFA. COMING ON FOR ORDERS THIS H N \GMOHM\ DAS DELI’ tJ?ED m bz POLLOWI NO: JUDGMENT in this appeaL the apueliant has called in question the judgernent ar.d awa.rd. dated i8092010 in S os asca x Dharwad insofar as it relates to inadeLuac of corn nensanon. S : CD CD f 8 CD ‘-‘ CD • r B aB CD ‘ m o B & S t n CD CD Qa CD 0 N 0’Qo “ CD q* CD ‘ w CD 0 a CD a a a a’- a a CDa’oo ag CD 0 1* CD 0 CD CD Sn CD GQCDaaCD a CD • CD CD 4 committed a mistake in only awarding a sum of Rs. l5.000 under the head pain and suffering and the same is required to be enhanced to Rs30,000/ Further, under the head loss of amenities and enjoyment in life’, the Tribunal awarded only a sum of Rs. l5.0O0/- and the same is to be enhanced to Rs.30,000/-. In all, the appellant is entitled for an additional compensation of Rs.30.000/. To this extent, the impugned award requires modification, Accordingly. the appeal is partly allowed. The impugned judgemene and award dated 18.09,2010 in MVC,No.8 2008 is hereby modified enhancing the total compensation from Rs,3.55,000 to Rs. 3,85,000fr. cl J 3UDGE sdJ •11 ij\ae—’