Smt. Khajabee W/O Mahammad ... vs K Jilan S/O Subansab
2022 Latest Caselaw 4223 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 11 T H DAY OF MARCH, 2022

                          BEFORE

THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA

               MFA No.100494/2021 (MV-I)

Between:

Smt. Khajabee W/o. Mahammad Hussain,
Age 63 years, Occ: Coolie,
R/o.: Muraharinagar, Gangavathi,
Dist.: Koppal, Pin: 583 227.
                                                  ... Appellant
(By Shri A.M. Malipatil, Advocate)

And:

1.     K. Jilan S/o. Subansab,
       Age 33 years, Occ: Driver of offending
       Vehicle, R/o.: Ward No.5, Rajajinagar,
       Gangavathi, Dist.: Koppal, Pin: 583 227.

2.     Mehaboob S/o. Abdul Gani,
       Age major, Occ: Owner of offending
       Vehicle, R/o.: Ward No.5, Rajajinagar,
       Gangavathi, Dist.: Koppal, Pin: 583 227.

3.    The Regional Manager,
      National Insurance Company Ltd.,
      Regional Officer at 3rd Floor,
      Arihantha Plaza, Kusugal Road, Keshwapur,
      Hubballi, Dist.: Dahrwad, Pin-580 023.
                                             ... Respondents
(By Shri Rajesh B. Rajnal, Advocate for R3;
 Notice to R1 & R2 is dispensed with)
                              :2:




      This MFA is filed under Section 173(1) of M.V. Act, 1988
against the judgment and award dated 13.03.2020 passed in
MVC No.386/2017 on the file of the Senior Civil Judge and
MACT, Gangavathi, 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

1. The fact that an accident had occurred on

04.10.2017 with the insured Hero Moto Deluxe

Motorcycle and the claimant, who was a pedestrian is not

in dispute. The fact that the motorcycle was insured is

also not in dispute.

2. The Tribunal on assessment of the evidence

has awarded the following sums:

A Loss of future income 48,600/-

 B    Pain and suffering                           10,000/-
 C    Loss of Amenities in Life                    10,000/-
 D    Loss of earning during treatment             10,000/-
 E    Diet,    Nourishment,     Attendants         10,000/-
      charges and conveyance
 F    Medical reimbursement                        68,771/-
                                  Total Rs.      1,56,771/-

3. Learned counsel for the parties submits that

the amounts determined by the Tribunal may not be

correct and in accordance with the settled principles of

determining the compensation.

4. Accepting the submission of the learned

counsel for the parties, the following sums are awarded

to be paid to the claimant:

A Loss of future income 99,630/-

 B     Pain and suffering                         40,000/-
 C     Loss of Amenities in Life                  30,000/-
 D     Loss of earning during treatment           20,500/-
 E     Diet,    Nourishment,     Attendants       15,000/-
       charges and conveyance
 F     Medical reimbursement                      68,771/-
                                   Total Rs.     273,301/-

5. Accordingly, the appeal is allowed in part and

the Judgment and award passed by the Tribunal is

modified. The claimant would be entitled to a total

compensation of Rs.2,73,301 as against Rs.1,56,771/-

awarded by the Tribunal along with interest at the rate of

6% p.a. from the date of petition till the date of

realization.

6. The Insurance Company is directed to deposit

the entire compensation amount along with interest

excluding the amount deposited, if any, before the

Tribunal for disbursement in terms of the award within a

period of four weeks from the date of receipt of a copy of

this order.

Sd/-

JUDGE Vnp*