Santosh S/O Hanamant Khot vs M/S Padmashree Trading And Amp ...
2022 Latest Caselaw 11231 Kant

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                                                                 MFA No. 102878 of 2015


                                           IN THE HIGH COURT OF KARNATAKA

                                                  DHARWAD BENCH

                                      DATED THIS THE 1ST DAY OF AUGUST, 2022

                                                      BEFORE
                                       THE HON'BLE MR JUSTICE H.P.SANDESH
                              MISCELLANEOUS FIRST APPEAL NO. 102878 OF 2015 (MV-I)
                             BETWEEN:

                             1.   SANTOSH S/O HANAMANT KHOT
                                  AGE: 20 YEARS, OCC:NIL, R/O:KERUWADI
                                  TQ:CHIKODI, DIST:BELAGAVI-590001

                                                                           ...APPELLANT
                             (BY SRI. SHIVARAJ BALLOLLI, ADVOCATE)
                             AND:


                             1.   M/S PADMASHREE TRADING AND AMP LOGISTIC
                                  SOLUTION
                                  PROP SIDDANT G.HULBALI
                                  R/O:PLOT NO 2 TO 6 RS NO.350/3
                                  KHANAPUR ROAD MAJAGAUN
                                  BELAGAVI-590001
          Digitally signed
          by J MAMATHA       2.   THE MANAGER BHARTI AXA GENERAL INSURANCE CO
J         Location:
MAMATHA
          Dharwad
          Date:
                                  LTD
          2022.08.02
          16:38:04 +0530          1ST FLOOR FEMS ICON SURVERY NO.28
                                  DODDANAKUNDI VILLAGE
                                  K.R.PURAM HOBLI BENGALURU-37

                                                                         ...RESPONDENTS

                             (BY SRI.NAGARAJ C.KOLLOORI, ADV. FOR R2,
                                  R1-SD)

                                  THIS MFA IS FILED UNDER SECITON 173 (1) OF MOTOR
                             VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
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                                        MFA No. 102878 of 2015


DATED 01.01.2015 PASSED IN MVC No.387/2013 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL CHIKODI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
     THIS APPEAL COMING ON FOR ORDERS, THIS DAY.
THE COURT DELIVERED THE FOLLOWING.
                          JUDGMENT

Though this matter is listed for orders, with the consent

of learned counsel for the parties, the matter is taken up for

final disposal.

2. The factual matrix of the case of the claimant

before the Tribunal is that on 14.12.2012 at about 8.30 hours,

when the claimant/appellant was proceeding on his motorcycle

bearing registration No.KA-23/S-1282 and when he came near

Chikodi Ankali road within the limits of Rupinal village, at that

time the driver of the offending truck bearing registration

No.KA-22/B-6567 drove the same in a rash and negligent

manner and dashed to the motorcycle and thereby caused the

accident. As a result of the same, the claimant/appellant

sustained fracture of clavicle. Immediately he was shifted to

Government Hospital at Chikodi, for treatment and from there

he was shifted to Sadanand Omkar Hospital, Chikodi, for

further treatment. He was treated as an inpatient from

MFA No. 102878 of 2015

14.12.2012 to 21.12.2012 and spent a sum of Rs.1,00,000/-

towards medical expenses. Hence, the injured claimant filed a

claim petition before the Tribunal seeking for compensation.

3. In support of his claim, the claimant got examined

himself as PW-1 and the doctor as PW-2 and also got marked

documents Ex.P.1 to Ex.P.18. On the other hand, respondents

did not examine any witness and no documents were got

marked. The Tribunal after assessing both oral and

documentary evidence allowed the claim petition awarding

compensation of Rs.1,95,000/- with interest at the rate of 9%

p.a. Being aggrieved by the judgment and award, the claimant

has filed the present appeal for enhancement of compensation.

4. On perusal of the material available on record, it is

seen that the Tribunal while calculating loss of future earning

took the disability of the claimant at 5% in a case of fracture of

clavicle but no doubt granted a sum of Rs.20,000/- towards

pain and suffering, Rs.62,000/- towards medical expenses,

Rs.75,600/- towards loss of future earning, Rs.5,000/- towards

conveyance, nourishment and attendant charges, Rs.14,000/-

towards loss of earning during the period of treatment and

MFA No. 102878 of 2015

Rs.20,000/- towards loss of amenities and unhappiness. After

deducting Rs.62,000/- which has been granted towards medical

expenses, a sum of Rs.1,32,600/- has been granted in a case

of fracture of clavicle and when such being the case, this is not

a fit case to interfere with the impugned judgment and award

of the Tribunal. The Tribunal has granted just and reasonable

compensation.

5. In view of the above discussions, I pass the

following:

ORDER

i) The appeal is dismissed.

(Sd/-) JUDGE

JM