Karnataka High Court
Ravikumar Shivajirao Suryavanshi vs Mohammad Yakusab Khatib on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14918
MFA No. 20534 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.20534/2012(MV-I)
BETWEEN
RAVIKUMAR SHIVAJIRAO SURYAVANSHI
AGE:40 YEARS, R/O. PLOT NO. 430,
SCHEME NO. 40:40, 4TH STAGE,
HANUMAN NAGAR, DIST: BELGAUM.
...APPELLANT
(BY SRI. Y LAKSHMIKANT REDDY, ADVOCATE)
AND
1. SRI. MOHAMMAD YAKUSAB KHATIB
S/O. YAKUSAB KHATIB
AGE: MAJOR, OWNER OF THE TRUCK BEARING
NO. GDV - 4141, R/O. BALEKUNDRI(BK),
VILLAGE,BELGUAM TALUK,
BELGUAM - DISTRICT.
Digitally
signed by 2. THE DIVISIONAL MANAGER,
SUJATA
SUBHASH THE NEW INDIA ASSURANCE COLTD.,
PAMMAR CLUB ROAD, BELGAUM.
..RESPONDENTS
(BY SRI. S.V. YAJI ADVOCATE FOR R2;
R1-NOTICE DISPENSED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGEMENT AND AWARD DTD: 14.07.2011. PASSED IN MVC NO.
1763/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK
COURT-III AND MEMBER, ADDL. , MACT, BELAGUM, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
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MFA No. 20534 of 2012
JUDGMENT THIS DAY THE COURTDELIVERED THE FOLLOWING
JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 14.07.2011, passed by the
tribunal, in MVC No.1763/2007 seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
4. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
1. Right thigh bone deformity and abnormal
mobility.
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2. Esepitns felt and swelling and painful red
in colour.
3. fracture of right femur at O/s. region
Functional Disability:
1. Restriction of right knee and hip
movements
2. Muscle wasting of right thigh present.
3. Shortening of right lower limb present.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Injury , pain and agony 30,000.00
2. Medical expenses 90,000.00
3. Nursing attendant charges, 15,000.00
Extra Nourishmnet
4. Conveynace Charges 20,000.00
5. Loss of earning during 43,000.00
treatment charges.
6. Loss of amenities and future 50,000.00
unhappiness.
Total: 2,48,000.00
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6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. Considering the injuries sustained, a
compensation of Rs.60,000/- towards pain and suffering,
Rs.75,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.90,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.35,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
Rs.43,000/- towards loss of income during laid up period is
kept intact.
8. The claimant was working as a Lecturer before
the accident. There is no evidence that he was removed
from the service as Lecturer. Therefore, no compensation
can be awarded towards loss of income due to disability.
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9. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 60,000/-
suffering.
2. Towards medical expenses. 90,000/-
3. Towards loss of amenities. 75,000/-
4. Towards loss of income during 43,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 35,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
Total: 3,03,000/-
10. Therefore, the claimant is entitled for total
compensation of Rs.3,03,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.2,48,000/- awarded by the
Tribunal. The Insurance Company is directed to deposit
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the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
11. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated dated
14.07.2011, passed by the tribunal, in MVC
No.1763/2007 stands modified.
iii) The claimant is entitled for total
compensation of Rs.3,03,000/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The claimant is not entitled for
interest for the delayed period of 95 days in
filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
vi) Send back the trial Court records
along with a copy of this judgment.
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vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
BNV
