Karnataka High Court
Adamsab Sayyadsab Maniyar vs Ramjansab S/O. Fakirsab Onti on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:15002
MFA No. 25449 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.25449/2012(MV-I)
BETWEEN
SRI. ADAMSAB SAYYADSAB MANIYAR,
AGE: 45 YEARS,
OCC: DRIVER,
R/O. NAVANAGAR BAGALKOT,
TQ and DIST: BAGALKOT
...APPELLANT
(BY SRI. ANAND R KOLLI, ADVOCATE)
AND
1 . SRI. RAMJANSAB,
S/O. FAKIRSAB ONTI,
AGE: MAJOR, OCC: OWNER OF LORRY
R/O. ARALDINNI,
TQ: B. BAGEWADI,
DIST: BIJAPUR.
2. THE DIVISIONAL MANAGER,
Digitally signed
by
VIJAYALAKSHMI
ORIENTAL INSURANCE CO. LTD.,
VIJAYALAKSHMI M KANKUPPI
M KANKUPPI
Date:
2023.12.22
MADIVAL ARCHADE, CLUB ROAD,
11:19:00 +0530
BELGAUM.
...RESPONDENTS
(BY SMT. ARUNA DESHPANDE ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA FILED IS U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD: 24-09-2012 PASSED IN MVC NO.178/2009
ON THE FILE OF MEMBER, MACT. NO. IV, BAGALKOT, 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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NC: 2023:KHC-D:15002
MFA No. 25449 of 2012
JUDGMENT THIS DAY THE COURTDELIVERED THE FOLLOWING
JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 24.09.2012 passed by the
tribunal, in MVC No.178/2009 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.
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i) Dislocated left shoulder joint.
ii) Fracture of right side pubic ramus of pelvis.
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 12,000/-
2. Towards medical expenses. 20,554/-
3. Towards loss of income during 5,000/-
treatment
4. Towards attendant charges. 2,300/-
5. Diet charges 2,000/-
Total: 41,854/-
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.25,000/- towards pain and suffering,
Rs.20,000/- towards loss of amenities are awarded. The
compensation awarded towards medical expenses and
hospital charges of Rs.20,554/- is as per the actual bills
and receipts produced; therefore, the same is kept intact.
8. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 25,000/-
suffering.
2. Towards medical expenses. 20,554/-
3. Towards loss of amenities. 20,000/-
Total: 65,554/-
9. Therefore, the claimant is entitled for total
compensation of Rs.65,554/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against 41,854/- awarded by the Tribunal.
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The Insurance Company is directed to deposit the
compensation within eight weeks from the date of receipt
of a certified copy of this judgment.
10. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
24.09.2012 passed by the Member,
MACT No.IV, Bagalkot, at Bagalkot in
MVC No.178/2009 stands modified.
iii) The claimant is entitled for total
compensation of Rs.65,554/- along
with interest at the rate of 6% p.a.
from the date of petition till its
realization.
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.
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vi) Send back the trial Court records
along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
Sd/-
JUDGE
BNV
