Karnataka High Court
Zakeer Hussain vs Sheikh Abdulla on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14783
MFA No. 9959 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.9959 OF 2013(MV-I)
BETWEEN:
ZAKEER HUSSAIN
AGED ABOUT 30 YEARS,
S/O UMARABBA,
REPRESENTED BY NEXT FRIEND
FATHER UMARABBA,
S/O HASANABBA BEARY,
REPRESENTED BY GPA HOLDER,
FATHER IN LAW V.HASANABBA HAJI,
S/O AHAMMAD KUNHI,
R/AT KUDREMUKH HOUSE,
MURA, NAVOOR VILLAGE,
BELTHANGADY TALUK-574 214.
...APPELLANT
(BY SRI. SRIKANTH., ADVOCATE FOR
SRI. KARUNAKAR.P., ADVOCATE)
Digitally signed by AND:
THEJASKUMAR N
1. SHEIKH ABDULLA
Location: HIGH
COURT OF S/O HASANABBA,
KARNATAKA AGED ABOUT 52 YEARS,
R/O KUDREMUKH HOUSE,
NAVOOR VILLAGE,
BELTHANGADY TALUK-574 214.
2. THE MANAGER,
NATIONAL INSURANCE CO.LTD.,
BRANCH OFFICE,
MAIN ROAD, PUTTUR-574 201.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:14.01.2015;
BY SRI. S.SRISHAILA., ADVOCATE FOR R2)
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NC: 2024:KHC:14783
MFA No. 9959 of 2013
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:22.11.2012
PASSED IN MVC NO.24/2003 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MACT, BELTHANGADY.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Srikanth., learned counsel on behalf of
Sri.Karunakara.P., for the appellant has appeared in person.
Sri.S.Srishaila., learned counsel for respondent No.2 has
appeared through video conferencing.
2. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
3. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
4. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
NC: 2024:KHC:14783
5. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident. This Court deems it appropriate to
reassess the compensation as under:-
1. Loss of future earning 2,91,600 Rs.2,91,600/-
capacity
2. Injury, pain and 18,000 + 12,000 Rs.30,000/-
suffering
3. Medical expenses 75,000 Rs.75,000/-
4. Loss of earning during 3,000 X 3 Rs.9,000/-
treatment period
5. Conveyance, 6,000 + 4,000 Rs.10,000/-
nourishment and
attendant charges
6. Loss of amenities 10,000 Rs.10,000/-
Total: Rs.4,25,600/-
(Less) Compensation awarded by the - Rs.3,95,800/-
Tribunal:
Enhanced compensation awarded by Rs.29,800/-
this Court:
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6. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:22.11.2012
passed by the Court of Senior Civil Judge and
MACT, Belthangady in M.V.C No.24/2003 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.29,800/- (Rupees Twenty Nine
Thousand Eight Hundred only) with 6% interest per
annum from the date of the claim petition till the
date of realization.
3. The Insurance Company shall deposit
the enhanced compensation amount along with 6%
interest within a period of two months from the
date of receipt of the certified copy of this
Judgment.
4. The Registry to draw the modified award
accordingly.
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5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
