Karnataka High Court
Mr. Nataraju @ Nataraj vs Mr. Subhash Ningappa Kamble on 15 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:14932
MFA No. 7892 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.7892 OF 2013(MV-I)
BETWEEN:
MR. NATARAJU @ NATARAJ
S/O LATE RAMAIAH,
AGED ABOUT 38 YEARS,
RATION DEPOT ROAD,
MADAVAR VILLAGE AND POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK.
...APPELLANT
(BY SRI. BABU.M., ADVOCATE)
AND:
1. MR. SUBHASH NINGAPPA KAMBLE
S/O NINGAPPA KAMBLE,
MAJOR,
R/AT HALKARNI VILLAGE AND POST,
KHANAPUR TALUK, BELGAUM DISTRICT,
Digitally signed by KARNATAKA-591 302.
THEJASKUMAR N
Location: HIGH
COURT OF 2. UNITED INDIA INSURANCE COMPANY LIMITED,
KARNATAKA
REPRESENTED BY ITS MANAGER,
NO.340, DNYANESHWAR CHOWK,
CHIRMURKAR GALLI,
KHANAPUR, BELGAUM DISTRICT,
KARNATAKA-591 302.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:22.06.2018;
BY SRI. S.KRISHNA KISHORE., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
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NC: 2024:KHC:14932
MFA No. 7892 of 2013
AGAINST THE JUDGMENT AND AWARD DATED:24.05.2013
PASSED IN MVC NO.92/2011 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-IV, BANGALORE RURAL
DISTRICT, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Babu.M., learned counsel for the appellant and
Sri.S.Krishna Kishore., learned counsel for respondent No.2
have appeared in person.
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.
5. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The grounds
NC: 2024:KHC:14932
urged in the present appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
This Court deems it appropriate to reassess the compensation
as under:-
1. Pain and agony 20,000 + 10,000 Rs.30,000/-
2. Medical Expenses 44,000 Rs.44,000/-
3. Attendant charges, 12,000 + 14,500 Rs.26,500/-
Food and special diet,
Transportation charges
and Future unhappiness
and frustration
4. Loss of income during 6,500 x 3 Rs.19,500/-
treatment period
Total: Rs.1,20,000/-
(Less) Compensation awarded by the -Rs.94,000/-
Tribunal:
Enhanced compensation awarded by Rs.26,000/-
this Court:
6. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:24.05.2013
passed by the Court of Fast Track Court - IV,
NC: 2024:KHC:14932
Bangalore Rural District, Bangalore in M.V.C
No.92/2011 is modified to the extent stated
hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.26,000/- (Rupees Twenty Six
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
3. The second respondent - 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.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
