Karnataka High Court
Kashinath S/O Gangadhar Ganiger vs The Managing Director on 19 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14874
MFA No. 102484 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.102484/2023(MV-I)
BETWEEN:
KASHINATH S/O. GANGADHAR GANIGER,
AGE: 45 YEARS,
OCC: AGRCULTURE AND COOLIE,
R/O: BELUR, TQ: BADAMI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI B. S. SANGATI, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKSRTC, NAVANAGAR, BAGALKOT,
OWNER OF KSRTC BUS NO.KA42 F-1064.
...RESPONDENT
(BY SRI S.C.BHUTI, ADVOCATE)
Digitally
signed by THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
SUJATA
SUBHASH
PAMMAR 1988, PRAYING TO ENHANCED THE COMPENSATION BY MODIFYING
THE IMPUGNED JUDGMENT AND AWARD DATED 03.02.2023 PASSED
IN MVC NO.108/2018 BY THE LEARNED MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL - VIII, BADAMI AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14874
MFA No. 102484 of 2023
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award passed in MVC No.108/2018, dated
03.02.2023, by the Member, Motor Accident Claims
Tribunal-VIII, Badami, seeking enhancement of
compensation.
2. Heard the learned counsel for the appellant and the
respondent.
3. The occurrence of accident, injuries sustained by the
claimant, coverage of insurance are not in dispute.
4. In the present case, from the medical evidence on
record it is proved that the claimant had suffered injuries
i.e., pain and deformity or left Knee and leg with
comminuated displaced spiral fracture of proximal shaft of
tibia extending to lateral tibial plateau and intercondylar
eminenance with extension to the articular surface.
5. The tribunal awarded the compensation under
various heads as under:
NC: 2023:KHC-D:14874
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future earnings 2,02,950
2. Medical Bills 1,64,754
3. Pain and sufferings 25,000
Total: 3,96,000
6. Considering the nature of injuries sustained and
disability the amount of compensation awarded by the
tribunal is on lesser side and has not awarded
compensation on some other heads. Hence, a
compensation of Rs.25,000/- is awarded towards
incidental expenses like food, nourishment, traveling,
attendant charges, etc.,. Further, a compensation of
Rs.30,750/- is awarded under the head loss of income
during laid up period for a period of three months. Further,
a compensation of Rs.30,000/- is awarded towards loss of
amenities. The compensation awarded on other heads is
found to be correct. Therefore, the same are kept intact.
Hence, the claimant is entitled for compensation on
various heads are as follows:
NC: 2023:KHC-D:14874
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of amenities. 30,000
2. Towards loss of income during 30,750
laid up period and medical
treatment period for three
months.
3. Towards incidental charges like 25,000
attendant charges, food,
nourishment, conveyance, etc.,.
4. Loss of future earnings 2,02,950
5. Medical bills 1,64,754
6. Pain and sufferings 25,000
Total: 4,78,454
7. Therefore, the claimant is entitled for total
compensation of Rs.4,78,454/- as against what has been
awarded by the tribunal along with interest at the rate of
6% p.a. from the date of filing of the petition till
realization. The Insurance Company is directed to deposit
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
8. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
NC: 2023:KHC-D:14874
ii) The judgment and award passed in
MVC No.108/2018, dated 03.02.2023, by the
Member, Motor Accident Claims Tribunal-VIII,
Badami, stands modified to the aforesaid
extent.
iii) The claimant is entitled for total
compensation of Rs.4,78,454/- as against what
has been awarded by the tribunal along with
interest at 6% p.a. from the date of filing of the
petition till realization.
iv) The remaining observations and
findings made by the Tribunal in the aforesaid
impugned judgment and award are kept in tact.
v) The insurance company shall deposit
the compensation within eight weeks from the
date of receipt of a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
SSP
CT-ASC
