Mohammed vs Karnataka State Road Transport ...
2023 Latest Caselaw 8115 Kant

Karnataka High Court

Mohammed vs Karnataka State Road Transport ... on 22 November, 2023

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                                                        NC: 2023:KHC:42027
                                                      MFA No. 9424 of 2017




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 22ND DAY OF NOVEMBER, 2023

                                         BEFORE
                   THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO. 9424 OF 2017 (MV-I)
                BETWEEN:

                MOHAMMED,
                S/O. LATE ABDUL KHADER,
                AGED ABOUT 41 YEARS,
                R/O. GADIYARA HOUSE,
                KEDILA VILLAGE, PERAMOGERU POST,
                BANTWAL TALUK,
                PRESENTLY R/O. ZAM ZAM,
                KADRI KAMBALA, KADRI,
                MANGALURU - 575 001.
                                                              ...APPELLANT
                (BY SRI. GURUPRASAD B.R, ADVOCATE)

                AND:

Digitally       KARNATAKA STATE ROAD
signed by JAI
JYOTHI J        TRANSPORT CORPORATION,
Location:
HIGH            MANGALORE DIVISION - 575 003,
COURT OF
KARNATAKA       REPRESENTED BY ITS
                MANAGING DIRECTOR.
                                                            ...RESPONDENT
                (BY SRI. F.S. DABALI A.N, ADVOCATE)

                       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                JUDGMENT AND AWARD DATED 24.01.2017        PASSED IN MVC
                NO.907/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR
                CIVIL JUDGE & JMFC, MANGALURU, D.K., PARTLY ALLOWING
                              -2-
                                            NC: 2023:KHC:42027
                                       MFA No. 9424 of 2017




THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This is an appeal filed by the claimant aggrieved by

the award passed in M.V.C.No.907/2014 dated 24.01.2017

by the III Additional Senior Civil Judge & Mangaluru, D.K.

The claim petition was filed seeking compensation of an

amount of Rs.15,00,000/- for the injuries sustained by the

claimant in the road accident. The Court below had

granted a global compensation of an amount of

Rs.6,82,621/-.

2. As per the wound certificate, the claimant had

sustained the following injuries.

a) 25 x 15 cm laceration on the right thigh

b) Fracture upper and lower pubic ramus

c) Fracture of right humerus

d) Fracture of right femur

NC: 2023:KHC:42027

As per the wound certificate, they are simple and grievous

in nature. He was in hospital for 177 days. The Court

below had granted an amount of Rs.50,000/- towards pain

and sufferings, an amount of Rs.62,100/- towards

attendant, food and extra nourishment, an amount of

Rs.70,521/- towards loss of income during the treatment

period and an amount of Rs.5,00,000/- under the head of

loss of comfort and amenity. Altogether, global

compensation of an amount of Rs.6,82,621/-.

3. Learned counsel for the claimant submits that the

global compensation that was awarded by the Tribunal

was not just and reasonable.

4. Learned counsel appearing for the KSRTC submits

that the compensation that was awarded by the Tribunal is

on the higher side and no grounds are made out for

enhancement of the compensation.

NC: 2023:KHC:42027

5. Having heard the learned counsel on either side,

perused the entire material on record. Though the Court

below had granted global compensation of an amount of

Rs.6,82,621/-, even if this Court considers the income of

the claimant at Rs.8,000/- and calculated the

compensation under different heads, this Court observed

that the compensation that was awarded by the Tribunal is

more than that. In view of the same this Court finds no

reason to enhance the compensation awarded by the

Tribunal.

6. Accordingly, the appeal of the claimant is

dismissed.

i. Registry is directed to return the Trial Court

Records to the Tribunal, along with certified

copy of the order passed by this Court forthwith

without any delay.

      ii.    No costs.

                                        NC: 2023:KHC:42027

Pending miscellaneous petitions, if any, shall stand

closed.

SD/-

JUDGE

MEG

CT: BHK