Hemanth S/O Ningappa Kasambi vs The Managing Director, Ksrtc
2021 Latest Caselaw 5101 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 30 T H DAY OF NOVEMBER, 2021

                         BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


               M.F.A.No.23769/2012(MV)

BETWEEN

HEMANTH S/O NINGAPPA KASAMBI
AGE: 31 YEARS , OCC: PHOTOGRA PHER,
R/O: VIDYANAGAR, BYAD GI,
TQ: BYADGI , DIST : HAVERI .
                                           ...A PPELLANT

(BY SMT : SHAILA BELLIKATTI,ADV OCATE)

AND

THE MANAGING DI RECTOR,
KSRTC, N ORTH W EST DIVISION,
GOKUL ROAD, HOS UR, HUBLI ,
REP. BY ITS DEPOT MANAGER,
NWKSRTC, RAN EBENNUR DEPOT,
RANEBENNUR, DIS T: HAVERI .
(OWNER AND INSURER OF THE BUS K SRTC
BEARING REGN . N O.KA- 32/F- 1575)
                                          ...RESPONDENT
(BY SMT : VEENA HEGDE, ADV OCAT E)

     THIS MFA IS FI LED U/S 173(1) OF MV ACT, 1988,
PRAYING TO S ET-ASIDE THE JDUGEMENT AND AWARD PASSED
BY LEARNED S EN IOR CIVIL JUDGE AND MACT, IT ERINATE
COURT AT BYADGI DATED 10.01.2012 IN MVC NO.736/ 2010 BY
ALLOWING THIS A PPEAL AND ETC.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT , D ELIV ERED THE F OLLOW ING:
                                       2




                                JUDGMENT

This is a claimant's appeal for enhancement of

compensation against award passed in MVC No.736/2010

dated 10.01.2012 by Senior Civil Judge and MACT.,

Iterinate Court at Byadgi.

2. Brief facts giving rise to this appeal are that in

an accident that occurred on 01.06.2012 while claimant

was traveling in bus bearing registration No.KA-32/F-1575

from Shivamogga to Dharmastala, claimant/bus passenger

sustained lacerated injuries to his right leg. As per

Ex.P.4/wound certificate, injuries are simple in nature.

Claimant was treated as outpatient in Government

hospital as per exhibit P.6. Medical bill produced as per

exhibit P.7. As claimant has sustained simple injuries,

Tribunal has awarded sum of Rs.5,000/- with 6% interest.

3. It is submitted by learned counsel for appellant

that for similar injuries sustained by other passengers in

connected claim petitions, where Tribunal awarded similar

compensation of Rs.5,000/- in MFA no.23768/2012 settled

before Lok-Adalath enhanceing compensation from

Rs.5,000/- to Rs.10,000/-.

4. Following said judgment, this appeal is also

allowed in part. Compensation is enhanced from

Rs.5,000/- to Rs.10,000/-.

5. Respondent/Corporation is directed to deposit

enhanced compensation with interest before Tribunal

within three months from the date of receipt of certified

copy of this order.

6. On deposit entire compensation is ordered to be

released in favour of appellant.

Sd/-

JUDGE

H MB