Karnataka High Court
Rajkumar vs Srishail And Anr on 16 March, 2023
Bench: G Basavaraja
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MFA No. 200067 of 2018
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 16TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCL. FIRST APPEAL NO. 200067 OF 2018 (MV-I)
BETWEEN:
1. RAJKUMAR S/O BABURAO,
AGE:37 YEARS, OCC:HOTEL BUSINESS AND
AGRICULTURE, R/O KURIKOTA,
TQ & DIST.KALABURAGI.
...APPELLANT
(BY SRI. BABU H METAGUDDA, ADVOCATE)
AND:
1. SRISHAIL S/O CHANNAYYA,
AGE:22 YEARS, OCC:OWNER AND
RIDER OF MOTOR CYCLE
NO.KA-39/C-7280, HERO HONDA SPLENDOR
R/O H.NO.2-242, NEAR HANUMAN TEMPLE,
JAGAT UPPER LANE, JAGAT ROAD,
KALABURAGI, PIN CODE NO.585104.
Digitally
signed by 2. THE MANAGER, ORIENTAL INSURANCE CO. LTD.,
RAMESH THROUGH ITS DIVISIONAL OFFICE,
MATHAPATI
N.G.COMPLEX, FIRST FLOOR,
Location:
High Court OPP:MINI VIDHAN SOUDHA, STATION ROAD,
of KALABURAGI, PIN CODE NO.585102.
Karnataka ...RESPONDENTS
(BY SRI.ABDUL QUAYUM, ADVOCATE FOR R2;
NOTICE TO R1 D/W)
THIS MFA FILED U/S. 173(1) OF MV ACT, PRAYING TO ALLOW
THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED-
01.08.2017 PASSED IN M.V.C.NO.229/2015 BY THE II ADDITIONAL.
SENIOR CIVIL JUDGE AND MACT AT KALABURAGI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 200067 of 2018
JUDGMENT
Though this appeal is listed for admission, with the
consent of both counsel, it is taken up for final disposal.
This appeal is filed by the claimant seeking enhancement
of compensation passed by II-Addl. Senior Civil Judge & MACT,
Kalaburagi, (for short 'Tribunal') in MVC.No.229/2015 dated
01.08.2017.
2. The facts of the case are that on 25.10.2014, at
about 8:30 p.m. on Kalaburagi-Humnaad road near Kurikota
village, after completing his work, he was waiting on the road
side. At that time, motorcycle bearing Reg.No.KA-39/E-7280
being driven by its rider in a rash and negligent manner and
dashed to the petitioner. Due to the accident, petitioner
sustained grievous injuries and fracture. He claimed that he
was treated as inpatient and that he spent money towards his
medical treatment.
3. The claim petition was resisted by the insurer who
generally denied the accident as well as the age and income of
the injured. It also denied the involvement of the offending
vehicle.
MFA No. 200067 of 2018
4. Based on these rival contentions, the claim petition
was set down for trial.
5. Based on the oral and documentary evidence, the
Tribunal after considering the notional monthly income of the
claimant awarded compensation of Rs.1,53,100/-.
6. Being aggrieved by the quantum of the
compensation awarded by the Tribunal, the present appeal is
filed.
7. The learned counsel for the claimant contended that
having regard to the nature of the injuries sustained by the
claimant, the Tribunal ought to have awarded adequate
compensation.
8. Per contra, the learned counsel for the insurer
supported the judgment and award of the Tribunal and
therefore contended that the judgment and award passed by
the Tribunal be not disturbed.
9. It is seen that the owner/insurer had not challenged
the judgment and award and therefore accepted the liability to
pay the compensation. Insofar as claim for compensation is
concerned, injuries show that claimant had suffered permanent
disability. Considering the nature of injuries, period of
MFA No. 200067 of 2018
treatment, medical bills, as per the guidelines issued by the
KSLSA, the income ought to have been taken at Rs.7,500/-p.m.
Thus, I am of the considered opinion that the compensation
awarded by the Tribunal deserves to be re-determined and re-
calculated as under:-
Sl. Heads Amount awarded Amount awarded
No by the Tribunal by this Court
1. Pain & sufferings Rs.2,000/- Rs.30,000/-
2. Loss of future earning Rs.69,100/- Rs.1,44,000/-
(7,500x12x16x10%)
3. Loss of amenities Rs.2,000/- Rs.30,000/-
4. Medical Expenses Rs.78,600/- Rs.79,000/-
5. Attendant charges, Rs.1,000/- Rs.15,000/-
food & conveyance
charges
6. Loss of income during Rs.4,00/- Rs.25,000/-
laid up period
Total Rs.1,53,100/- Rs.3,23,000/-
10. To this extent, the appeal deserves to be modified
and Accordingly, I proceed to pass the following:
ORDER
(i) The Appeal is allowed in part.
(ii) The appellant is entitled for compensation in a
sum of Rs.3,23,000/- as against Rs.1,53,100/-
granted by the Tribunal together with interest
at 6% p.a., from the date of petition till
realization.
MFA No. 200067 of 2018
(iii) Respondent/Insurance company shall deposit
the compensation amount together with
interest at 6% p.a. within a period of six
weeks from the date of this order.
(iv) Registry is directed to send a copy of this
order to the Tribunal.
Sd/-
JUDGE
SDU
