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2010 Supreme(SC) 808

ASOK KUMAR GANGULY, G.S.SINGHVI
Yadava Kumar – Appellant
Versus
The Divisional Manager, National Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellants:V.N. Raghupathy, Advocate. For the Respondents:M.K. Dua, Kishore Rawat, Advocates.

Judgment :

GANGULY, J.

1. Delay condoned.

2. Leave granted.

3. Assailing the Division Bench judgment of the Karnataka High Court dated 12.8.2009, whereby compensation of Rs.52,000/- granted by the Tribunal was enhanced to Rs.72,000/-, this appeal claiming higher compensation was filed by the appellant.

4. The Hon'ble High Court has awarded compensation under the following heads:

1. Towards pain and suffering: Rs.20,000/-

2. Loss of income from the period of treatment: Rs.9,000/-

3. Towards medical expenses, conveyance, nourishing food and attendant charges: Rs.8,000/-

4. Towards loss of amenities: Rs.35,000/-

Total: Rs.72,000/- + 8% p.a. interest from the date of the petition till realization.

5. The material facts of the case are that, the appellant, a painter by profession, was 30 years old at the time of sustaining the injury in a road accident which took place on 24th March 2003 while the appellant was standing on the side of Nagavara Ring Road to cross it from south to north. The offending Tempo bearing No.KA-04-C/6030 came at a great speed from west to east and hit the appellant as a result of which he fell down and sustained several injuries. The appellant was rushed to Al-Ha














































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