Karnataka High Court
Irfan M G vs Ganesh Poojary on 19 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:15473
MFA No. 3731 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.3731 OF 2015(MV-I)
BETWEEN:
NAVAZ.G.K.
AGED ABOUT 31 YEARS,
SON OF ABDUL RAZAK G.K.,
RESIDING OF MULARPATNA,
ARALA VILLAGE,
BANTWAL TALUK , D.K.-574 153.
...APPELLANT
(BY SRI. ASHISH RAM., ADVOCATE FOR
SRI. KRISHNAMOORTHY.D., ADVOCATE)
AND:
1. GANESH POOJARY
AGED ABOUT 35 YEARS,
S/O DASAPPA POOJARY,
R/O SRI. RAGHAVENDRA PRASAD HOUSE,
Digitally signed by DADI KALPANE, MIJARU,
PREMCHANDRA M R BADAGA YEDAPADAVU VILLAGE,
Location: HIGH MANGALURU TALUK, D.K.-574 267.
COURT OF
KARNATAKA
2. THE ORIENTAL INSURANCE CO.LTD.,
1ST FLOOR, POOVA ARCADE, NH-7,
SURATHKAL, MANGALORE,
ITS DIVISION OFFICE AT BEAUTY PLAZA,
BALMATTA ROAD, HAMPANKATTA,
MANGALURU - 575 001.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:02.07.2021;
BY SRI. ASHOK.N.NAYAK., ADVOCATE FOR R2)
-2-
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MFA No. 3731 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:23.10.2014
PASSED IN MVC NO.1669/2012 ON THE FILE OF THE VI
ADDITIONAL DISTRICT & SESSIONS JUDGE, D.K.,
MANGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Ashish Ram., learned counsel on behalf of
Sri.Krishnamoorthy.D., for the appellant and Sri.Ashok
N.Nayak., learned counsel for respondent No.2 have appeared
in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
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behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
6. 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.
It is noticed that the Tribunal has awarded compensation
of Rs.34,344/- (Rupees Thirty Four Thousand Three Hundred
and Forty Four only) towards Loss of earning capacity due to
disability. In the absence of any proof of income, the chart
prepared by the Legal Service Authority must be taken into
consideration. As per the chart, if the accident is occurred in
the year 2012, the salary of the injured must be taken as
Rs.7,000/- (Rupees Seven Thousand only) per month. The age
of the claimant was 28 years as on the date of accident, hence
the multiplier 17 is to be adopted.
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At the time of calculation, the disability is assessed at
3%. Hence, the amount towards loss of earning capacity due to
disability is calculated as under:
Rs.7,000/- X 12 X 17 X 3/100 = Rs.42,840/-.
7. Therefore, this Court deems it appropriate to
reassess the compensation as under:-
1. Pain and Sufferings 50,000 Rs.50,000/-
2. Medical Expenses 72,000 Rs.72,000/-
3. Food and conveyance 10,000 Rs.10,000/-
4. Loss of earning capacity 42,840 Rs.42,840/-
due to disability
5. Loss of future amenities 20,000 Rs.20,000/-
6. Loss of laid up period 7,000 x 1 Rs.7,000/-
Reassessed compensation Rs.2,01,840/-
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:23.10.2014
passed by the Court of the IV Addl. District and
Sessions Judge and Member, MACT, D.K.,
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Mangalore in M.V.C No.1669/2012 is modified to
the extent stated hereinabove.
2. The claimant is entitled for the
reassessed compensation of Rs.2,01,840/- (Rupees
Two Lakh One Thousand Eight Hundred and Forty
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 reassessed
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
