Karnataka High Court
Basavaraj S/O. Tammanna Gorakanavar vs Ajit S/O. Dattatreya Jadav on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14923
MFA No. 21857 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.21857/2012(MV-I)
BETWEEN
SHRI BASAVARAJ S/O. TAMMANNA GORAKANAVAR,
AGE: 50 YEARS, OCC: SERVICE,
R/O: HOSUR ROAD, BAILHONGAL,
NOW R/AT: SHIVAHASAVA NAGAR,
BELAGAVI, DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND
1. AJIT S/O. DATTATREYA JADAV,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: 1ST CROSS MAHADWAR RAOD,
BELAGAVI.
2. THE MANAGER,
NEW INDIA ASSURANCE COMPANY,
Digitally ORIENT HOUSE, CLUB ROAD, BELAGAVI.
signed by
BHARATHI ...RESPONDENTS
HM (BY SRI S.V.YAJI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:11-01-2012 PASSED IN MVC NO.428/2011
ON THE FILE OF FAST TRACK COURT-III AND ADDL. MACT, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 07.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
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NC: 2023:KHC-D:14923
MFA No. 21857 of 2012
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 11.01.2012 passed by the
tribunal, in MVC No.428/2011 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.
"i. Abrasion over Lt. side of forehead 3x0 cm
NC: 2023:KHC-D:14923
ii. Multiple abrasions over Lt. shoulder joint elbow
(posterior aspect forearm)
iii. Contusion over left thigh and knee 4x3 cm
iv. Segmental # of femur (Lt)"
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 30,000/-
2. Towards medical expenses. 67,000/-
3. Nursing, attendant charges, 10,000/-
extra nourishment &
conveyance
4. Loss of earning during 25,000/-
treatment
5. Loss of amenities and future 30,000/-
unhappiness
Total: 1,62,000/-
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.
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7. Considering the injuries sustained, a
compensation of Rs.60,000/- towards pain and suffering,
Rs.60,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.67,000/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
Further, Rs.25,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., and
compensation of Rs.32,000/- is awarded towards loss of
income during laid up period.
8. The accident is caused in the year 2011. The
income of the claimant taken by the Tribunal at
Rs.16,583/- is correct. The Tribunal has not awarded
compensation under the head loss of future income due to
disability as the claimant has continued in the same job.
9. Thus, the claimant is entitled for total
compensation under various heads as under:
NC: 2023:KHC-D:14923
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 60,000/-
suffering.
2. Towards medical expenses. 67,000/-
3. Towards loss of amenities. 60,000/-
4. Towards loss of income during 32,000/-
laid up period and medical
treatment period.
5. Towards incidental charges like 25,000/-
attendant charges, food,
nourishment, conveyance, etc.,
Total: 2,44,000/-
10. Therefore, the claimant is entitled for total
compensation of Rs.2,44,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.1,62,000/- awarded by the
Tribunal. The respondents are directed to deposit 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:
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ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
11.01.2012 passed by the Fast Track Court-III
& Addl. MACT, Belgaum, in MVC No.428/2011
stands modified.
iii) The claimant is entitled for total
compensation of Rs.2,44,000/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The respondents shall deposit the
amount within a period of eight weeks from the
date of receipt of a copy of this judgment.
v) Send back the trial Court records
along with a copy of this judgment.
vi) No order as to costs.
vii) Draw award accordingly.
SD/-
JUDGE
PB
