Karnataka High Court
The Branch Manager vs Kumari. Veena D/O Basavaraj Gasti on 21 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:13639
MFA No. 101200 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101200/2021(MV)
BETWEEN:
THE BRANCH MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
BUS STAND ROAD, GOKAK,
DIST: BELAGAVI,
REP BY DULY CONSTITUTED AUTHORITY,
REGIONAL MANAGER, NEW INDIA
ASSURANCE CO. LTD., REGIONAL
OFFICE, 2ND FLOOR, KALBURGI,
BHADRAPUR INFINITY, PINTO ROAD,
HUBBALLI-580020.
...APPELLANT
(BY SRI M. K. SOUDAGAR, ADVOCATE)
AND:
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.16
12:42:23 +0530
1. KUMARI VEENA
D/O. BASAVARAJ GASTI,
AGE: 17 YEARS, OCC: STUDENT,
REP BY MINOR GUARDIAN FATHER
SHRI BASAVARAJ S/O. FAKKIRAPPA GASTI,
AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O: HUNSHYAL PY,
TAL: MUDALAGI-591312.
2. DATTATRYA
S/O. ARJUN VAYBASE,
AGE: 29 YEARS,
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NC: 2023:KHC-D:13639
MFA No. 101200 of 2021
OCC: DRIVER,
R/O: TAMBAVA,
TAL: KHAJI,
DIST: BEED,
MAHARASHTRA-431122.
3. GANESH
S/O. GOPALRAO CHAGE,
AGE: MAJOR,
OCC: BUSINESS,
R/O: TAMBAVA,
TAL: KHAJI,
DIST: BEED,
MAHARASHTRA-431122.
4. SIDDAPPA
S/O. SHIVALINGAPPA GONYAGOL,
AGE: MAJOR,
OCC: AGRICULTURE,
R/O: NAGARAL,
TAL: MUDHOL,
DIST: BAGALKOT 587101.
...RESPONDENTS
(BY SRI HARISH S. MAGIUR, ADVOCAT FOR R1;
NOTICE TO R2 TO R4 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS IN
CASE MVC NO.733/2019, ON THE FILE OF XII ADDITIONAL
DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL.
BELAGAVI SITTING AT GOKAK AND SET ASIDE THE JUDGMENT
AND AWARD DATED 30.01.2021 BY ALLOWING THIS APPEAL
WITH COST AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:13639
MFA No. 101200 of 2021
JUDGMENT
The present appeal is filed by the insurance company
praying to reduce the quantum of compensation.
2. Heard the arguments of learned counsel for the
parties 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, claimant is a minor girl of 15
years old had suffered injury of fracture of right leg, tibia
and right radius. The PW.2-doctor who has given
treatment to the claimant had stated that her movement
is terminally restricted and has assessed physical disability
at 30% to the whole body. The claimant being minor girl
had sustained fractured injury of right leg, tibia and right
hand radius and therefore, the tribunal has assessed
physical disability at 15% towards whole body is found to
be correct also the assessment of disability held by the
NC: 2023:KHC-D:13639
tribunal is tested with the principles of law laid down in the
case of Raj Kumar vs. Ajay Kumar and another,
reported in (2011) 1 SCC 343. Therefore, holding
of 15% as functional disability by the tribunal is
found to be correct and accordingly tribunal has
awarded compensation by following the principles
of law laid down by the Hon'ble Supreme Court in
the case of Master Mallikarjun vs. Divisional
Manager, the National Insurance Company Limited
and another, reported in AIR 2014 SC 736 is found to
be correct.
5. The compensation awarded under other heads and
total awarded compensation of Rs.4,06,000/- is found to
be just, proper and correct and there is no ground
available to interfere with the quantum of compensation
awarded. Therefore, the appeal filed by the insurance
company is liable to be dismissed.
NC: 2023:KHC-D:13639
6. Accordingly, I pass the following:
ORDER
i) Appeal filed by the insurance company is
dismissed.
ii) Judgment and award passed in MVC
No.733/2019 dated 30.04.2021 passed by XII
Addl. District and Sessions Judge and MACT,
Belagavi sitting at Gokak is confirmed.
iii) Amount in deposit is ordered to be
transmitted to the tribunal along with records and
copy this order.
iv) No order as to costs.
v) Draw award accordingly.
Sd/-
JUDGE
HMB
Ct-Asc
