Mahrajbi Imam Hussain vs The Managing Director
2022 Latest Caselaw 12320 Kant

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                                      MFA No. 23386 of 2012

    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

          DATED THIS THE 11TH DAY OF OCTOBER, 2022

                           BEFORE
              THE HON'BLE MR JUSTICE R.NATARAJ
  MISCELLANEOUS FIRST APPEAL NO. 23386 OF 2012 (MV-I)
BETWEEN:
MAHRAJBI IMAM HUSSAIN
@ DASTAGIRSAB NAIKWADI,
AGE: 47 YEARS, OCC: PRIVATE WORK (NOW NIL)
R/O: HOUSE NO. 3146, NAIK GALLI,
HUKKERI, DIST: BELGAUM.
                                                 ...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR FOR SRI. LOKESH MALAVALLI,
ADVOCATE)
AND:
THE MANAGING DIRECTOR,
K.T.C. LIMITED,
KADAMBA TRANSPORT CORPORATION,
PORVARIM, GOA.
                                              ...RESPONDENT
(BY SRI. MANOHAR V NAYAK, 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.497/2011 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 MFA COMING ON FOR ADMISSION, THIS COURT
DELIVERED THE FOLLOWING:
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                                              MFA No. 23386 of 2012

                              JUDGMENT

The claimant in MVC No. 497/2011 on the file of the

Principal senior Civil Judge and Additional M.A.C.T., Belgaum

(for short "the Tribunal") has filed this appeal challenging the

quantum of compensation awarded in respect of injuries

sustained by him in the accident that occurred on

02.10.2010.

2. Briefly stated the facts are that the appellant and

others were traveling in a heavy passenger vehicle bearing

registration No.GA-01/X-0508 and since the driver drove it in

a rash and negligent manner, he lost control and the bus

turned turtle causing injuries to the passengers. The

appellant suffered following injuries:

i) Deformity/Crepitus right forearm. No bleeding injury.

ii) Closed fracture right forearm (right radius and ulna bones)

3. She was admitted at Goa Medical college for five

days. The appellant claimed that she was rolling out incense

sticks and was earning Rs.150/- per day. The Tribunal

considered her income @ Rs.3,000/- per month and awarded

the following compensation:

MFA No. 23386 of 2012

Pain and sufferings 25,000/-

Medical and ancillary expenses 5,136/- Rs.3,636 + 1,500 Loss of income during treatment 6,000/- Loss of future earning due to disability 43,560/- Loss of amenities future happiness 25,000/-

Total 84,896/-

Being aggrieved by the same, the present appeal is

filed.

4. The learned counsel for the appellant submits

that the Tribunal ought to have considered the income at a

sum of Rs.5,500/- per month and having regard to the

disability @ 6%, the compensation awarded deserves to be

reconsidered as follows:

 Pain and sufferings                                25,000/-

 Medical and ancillary expenses                       5,136/-
 Rs.3,636 + 1,500
 Loss of future earning due to disability           43,560/-

Rs.5,500 x 12 x 6% (disability) x 11 (multiplier) = 43,560/-

Loss of income during treatment 11,000/- Rs.5,500 x 2 months = Rs.11,000/-

Loss of amenities future happiness 25,000/-

                       Total                     1,05,696/-





                                             MFA No. 23386 of 2012

5. Hence, the compensation awarded by the Tribunal

the compensation awarded by the Tribunal for a sum of

Rs.84,896/- is enhanced to Rs.1,05,696/-. The enhanced

compensation shall carry interest @6% per annum from the

date of petition till realization. The enhanced compensation

with interest shall be deposited by the insurer before the

Tribunal within a period of 30 days from the date of receipt

of certified copy of this order.

6. In view of disposal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE

YAN