Award of Appellate Court (O-41, R 35 CPC) H.C No. 32A

IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT GULBARGA

BEFORE

THE HON'BLE DR. JUSTICE JAWAD RAHIM

MISCELLANEOUS FIRST APPEAL CROB. NO.1038 OF 2012 C/W

BETWEEN:

SRINIVAS S/O RAJANNA BHANDARI AGE:31 YEARS, OCC:NIL, R/O CHANDANAHALLI, NOW H.NO.11-28 CHOUDESHWAR COLONY, BRAHMPUR GULBARGA-585102.

...CROSS OBJECTOR

AND:

• NISSAR S/O YAKHUB KARASE, AGE:43 YEARS, OCC: BUSINESS & OWNER OF ASHOK LEYLAND LORRY, BEARING NO.KA-39-5056, R/O RAJESHWAR, BASAVAKALYAN, DIST. BIDAR-585401.
• 2. THE NATIONAL INSURANCE CO. LTD., THROUGH ITS BRANCH OFFICE, DR. JAWALI COMOPLEX, SUPER MARKET, GUBLARGA, BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, 1^ST FLOOR, BILGUNDI COMPLEX, MAIN ROAD, MINI VIDHANA SOUDHA, GULBARGA. THROUGH ITS DIVISIONAL MANAGER

...RESPONDENTS

THIS MFA CROB. PREFERRED AGAINST THE JUDGMENT AND AWARD OF THE COURT OF THE PRL. CIVIL JUDGE (SR.DN.) & MACT AT GUBLARGA IN MVC NO.1079 OF 2009 ON ITS FILE DATED THE 06^TH DAY OF APRIL, 2011 COMING ON FOR ORDERS ON THE 26^TH DAY OF APRIL, 2013 IN THE PRESENCE OF SRI.SHIVASHARANA REDDY, ADVOCATE FOR THE CROSS OBJECTOR.

And for the reasons stated in the Judgment, while partly allowing this MFA Crob. it is ordered and decreed that the claimant is entitled to Rs.4,90,287/- (Rupees Four lakh ninety thousand two hundred eighty seven only) as against Rs.3,40,000/- (Rupees Three lakh forty thousand only) awarded by the Tribunal.

And it is further ordered and decreed that the claimant is entitled to interest at 6% p.a. on the enhanced compensation. The insurance company shall discharge the award within eight weeks from today. The rest of the directions contained in the award are affirmed.

And it is further ordered and decreed that, there shall be no order as to costs in this Appeal.

Given under my hand and the seal of this Court, this the $26^{TH}$ DAY OF APRIL, 2013.

1 28/4/14 ASSISTANT REGISTRAR

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