Mimoon Abdul Khadar Naikwadi vs The Managing Director
2022 Latest Caselaw 11504 Kant

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                                       MFA No. 23384 of 2012




  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 23RD DAY OF AUGUST, 2022

                            BEFORE
           THE HON'BLE MR JUSTICE H.P.SANDESH
 MISCELLANEOUS FIRST APPEAL NO. 23384 OF 2012 (MV-)


BETWEEN:

    SMT. MIMOON ABDUL KHADAR NAIKWADI,
    AGE: 47 YEARS, OCC: PVT. WORK, NOW NIL,
    R/O: NAIK GALLI, HUKKERI,DIST: BELGAUM.

                                                     ...APPELLANT
(BY SRI. LOKESH MALAVALLI.,ADVOCATE)
AND:
    THE MANAGING DIRECTOR,
    K.T.C. LIMITED, KADAMBA TRANSPORT CORPORATION,
    PORVARIM, GOA.

                                                   ...RESPONDENT
(BY SRI. C B PATIL, ADVOCATE)

     THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED:28-03-2012 PASSED IN MVC
NO.495/2011 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND MEMBER,
ADDL. MACT, BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT
DELIVERED THE FOLLOWING.


                          JUDGMENT

This appeal is filed by the claimant, against the

Judgment and award dated 28.03.2012 passed in MVC

MFA No. 23384 of 2012

No.495/2011 by the Senior Civil Judge and Addl. MACT,

Belagavi, seeking enhancement of the compensation.

2. Heard the appellant counsel and also the counsel

appearing for the respondent.

3. The factual matrix of the case of the claimant

before the tribunal is that, on account of the accident, he had

suffered fracture of clavicle bone and in the left shoulder joint

and there is a mall union of the above said fracture bone and

the tribunal awarded compensation of Rs.20,000/- under the

head of pain and sufferings and an amount of Rs.3,500/-

under the head of medical and ancillary expenses and also

loss of income during the treatment period is awarded

Rs.6,000/- and loss of future earning due to disability is

awarded Rs.25,200/- considering the disability of 5% and loss

of unhappiness Rs.25,000/-. In all awarded a sum of

Rs.79,700/-.

4. The present appeal is filed questioning the

quantum of compensation contending that, the disability

MFA No. 23384 of 2012

assessed at 5% is lower side and the Doctor has assessed the

disability at 25% to the whole body and 5% disability was

taken and the same is erroneous. Having taken note of the

material on record, he has sustained only abrasion of 0.2 cms

X 0.3 cms X 0.1 cms scalp left-parieto-occipital region and

other injury is deformity with crepitus left collar bone HV

defect Legs Upper Lip and also the tribunal has taken

disability of 5% and awarded compensation and question of

disability does not arise in respect of collar bone fracture and

also awarded just and reasonable compensation under

different heads granting an amount of Rs.79,700/- and hence,

I do not find any merit to interfere in the Judgment of the trial

Court.

5. The amount awarded is just and reasonable and

hence, the appeal is dismissed.

Sd/-

JUDGE

SVH