Karnataka High Court
Basavaraj S/O. Malleshappa ... vs B Prithviraj S/O. N.C. Bala Subramanian on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14919
MFA No. 20221 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.20221/2012(MV-I)
BETWEEN
1. BASAVARAJ S/O. MALLESHAPPA GONEPPANAVAR
AGE: 31 YEARS, OCC: GOVT. EMPLOYEE,
R/O. KELAGERI, DHARWAD
...APPELLANT
(By Sri. MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND
1. SRI. B PRITHVIRAJ S/O. N.C. BALA SUBRAMANIAN
AGE: MAJOR, OCC: BUSINESS,
GOODS LORRY BEARING ITS REGISTRATION NO.
TN-30/P3417, R/O. 5/506, TRICHY MAIN ROAD,
NILAVARAPATTY POST, SALEEM, TAMILNADU.
2. THE DIVISIONAL MANAGER,ICICI LOMBARD, GIC
Digitally
LTD.,
signed by SWARNABIGAI PLAZA, 1ST FLOOR,
SUJATA OMALUR MAIN ROAD, NEAR BUS STAND,
SUBHASH
PAMMAR SALEEM 636 009 REPTED.BY
THE BRANCH MANAGER, ICICI LOMBARD GENERAL
INSURANCE. CO. LTD., GOKUL ROAD, HUBBALLI.
...RESPONDENTS
(By Sri. NAGARAJ C KOLLOORI ADVOCATE FOR R2;
NOTICE TO R1 HELD SUFFICIENT)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DTD:25.11.2011 PASSED IN
MVC.NO.321/2008 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE,
& CJM, MEMBER AMACT, DHARWAD, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2023:KHC-D:14919
MFA No. 20221 of 2012
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE FOLLOWING
JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 25.11.2011 passed by the
tribunal, in MVC No.321/2008 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
fracture of right scapula.
5. The tribunal has awarded compensation of
Rs.5,000/- under the head medical expenses and a sum of
NC: 2023:KHC-D:14919
Rs.3,000/- under other heads. Thus, awarded a total
compensation of Rs.8,000/- with interest at the rate of 6%
p.a.
6. Considering the medical evidence on record, the
claimant has suffered fracture of right scapula. PW.2-
doctor has stated that he has not treated the claimant.
Ex.P12 to Ex.P70 are the medical bills amounting to
Rs.70,000/-. The claimant was admitted to hospital on
30.05.2006 and discharged on 17.06.2006. The injuries
sustained are simple in nature as per the medical records.
The claimant is a Government servant working as Second
Division Assistant and continued the work. Therefore,
there is no question of loss of income due to disability.
7. Therefore, a global compensation of Rs.75,000/-
is awarded along with interest at the rate of 6% p.a. from
the date of filing of the petition till realization, as against
Rs.8,000/- awarded by the Tribunal.
8. In the result, I proceed to pass the following:
NC: 2023:KHC-D:14919
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
25.11.2011 passed by the tribunal, in MVC
No.321/2008 stands modified.
iii) The claimant is entitled for total
compensation of Rs.75,000/- along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The insurance company 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
BNV
