Karnataka High Court
Chandrakanth S/O Sharanappa Hadpad vs Mohd Dourakhan And Anr on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5490
MFA No. 201169 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201169 OF 2017 (MV-I)
BETWEEN:
CHANDRAKANTH S/O SHARANAPPA HADPAD,
AGE ABOUT 40 YEARS, OCC: TEACHER,
GOVT. HIGH SCHOOL, MANTHAL,
R/O. SHIVANANAGAR, SOUTH BIDAR,
NOW RESIDING AT VILLAGE MANTHAL,
TQ: BASAVAKALYAN, DIST: BIDAR.
...APPELLANT
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
1. MOHD. DOURAKHAN
S/O MOHD. DILVARKHAN PATHAN,
Digitally signed
AGE: 58 YEARS, OCC: NEKRTC DRIVER
by RENUKA BUS BEARING NO.KA-32/F-1244,
Location: HIGH HUMNABAD DEPOT,
COURT OF R/O. BIBIGALLI, HUMNABAD-585330,
KARNATAKA
DIST: BIDAR.
2. THE MANAGING DIRECTOR,
NEKRTC, SARIGE SADAN, KALABURAGI,
(CONTROLLING AUTHORITY NEKRTC
BUS NO.KA-32/F-1244)
...RESPONDENTS
(NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
27.07.2017; SMT. RATNA N. SHIVAYOGIMATH, ADV. FOR R2)
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NC: 2024:KHC-K:5490
MFA No. 201169 of 2017
THIS MFA IS FILED U/S. 173(1) OF M.V.ACT PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 08.02.2016
PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT AT
BASAVAKALAYN IN M.V.C.NO.482/2014 BY ENHANCING THE
COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA) The appeal is by the claimant seeking for enhancement for the fracture of the left patella. The Tribunal has awarded a sum of `1,14,000/-.
2. The accident is not in dispute and the liability of the second respondent to pay the compensation is also not in dispute.
3. In my view, having regard to the age of the claimant and the number of days that he was hospitalized and also the injury suffered by the claimant, it would be appropriate to enhance the compensation awarded globally by a further sum of `25,000/-. Accordingly, the claimant would be entitled to a sum of `1,39,000/- (`1,14,000/- + `25,000/-).
Appeal is accordingly disposed of. -3-
NC: 2024:KHC-K:5490 MFA No. 201169 of 2017 Two weeks' time is granted to the learned counsel Smt.Ratna N.Shivayogimath, to file Vakalath for respondent No.2.
Sd/-
(N.S.SANJAY GOWDA) JUDGE SN List No.: 1 Sl No.: 13 CT: VD