Arun Kamat vs Sri. Sujith Alva S/O. Krishna Alva
2024 Latest Caselaw 9703 Kant

Karnataka High Court

Arun Kamat vs Sri. Sujith Alva S/O. Krishna Alva on 3 April, 2024

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                                                             NC: 2024:KHC-D:6089
                                                          MFA No. 100421 of 2022




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 3RD DAY OF APRIL, 2024

                                              BEFORE
                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100421 OF 2022 (MV-)

                   BETWEEN:

                   ARUN KAMAT S/O. NARAYAN,
                   AGED ABOUT 47 YEARS,
                   OCC: POST EMPLOYEE,
                   R/O. MARIKAMBA TEMPLE STREET,
                   BANAVASI ROAD, DODALI BHAVI ONI,
                   SIRSI-581401, UTTARA KANNADA DISTRICT.
                                                                     ...APPELLANT
                   (BY SRI. LINGESH V. KATTEMANE, ADVOCATE)

                   AND:

                   1.   SRI. SUJITH ALVA S/O. KRISHNA ALVA,
                        AGED ABOUT 39 YEARS, OCC: BUSINESS,
                        R/O. YATHAMOGARU, GUTTU HOUSE,
                        KANDAVARA (PAND V), MANGALORE-575001.

                   2.   THE DIVISIONAL MANAGER,
                        THE ORIENTAL INSURANCE CO. LTD,
Digitally signed        MANGALORE-575001.
by JAGADISH T R
Location: HIGH
COURT OF                                                          ...RESPONDENTS
KARNATAKA          (BY SRI. M. Y. KATAGI, ADV. FOR R2;
                       NOTICE TO R1 DISPENSED WITH)

                         THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
                   1989, AGAINST THE JUDGMENT AND AWARD DATED 21.04.2021
                   PASSED IN MVC NO.300/2017 ON THE FILE OF THE SENIOR CIVIL
                   JUDGE AND ADDL. MACT, SIRSI, PARTLY ALLOWING THE CLAIM
                   PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
                   COMPENSATION.

                        THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                                 NC: 2024:KHC-D:6089
                                              MFA No. 100421 of 2022




                             JUDGMENT

Though this appeal is listed for admission, with the

consent of learned counsel for the parties, it is taken up for

final disposal.

2. This appeal is filed by the injured/claimant seeking

enhancement of compensation being aggrieved by the

judgment and award dated 21.04.2021 passed in MVC

No.300/2017 on the file of Senior Civil Judge and Addl. MACT,

Sirsi (for short, 'Tribunal').

3. I have heard the learned counsel Sri.Lingesh V

Kattemane for the appellant/injured and learned counsel Sri.

M.Y.Katagi for the respondent No.2.

4. Learned counsel for the appellant submits that the

Tribunal has committed an error in not awarding any

compensation on the head of loss of future income due to

disability. He further submits that the award of compensation

by the Tribunal under the other heads are also on the lower

side, hence, seeks to enhance the same by allowing the appeal.

5. Per contra, learned counsel Sri.M.Y. Katagi for

respondent No.2/Insurance Company supports the impugned

NC: 2024:KHC-D:6089

judgment and award of the Tribunal and submits that the

appellant is not entitled to compensation on the head of loss of

future income due to disability, for the reason that the

appellant was working in the Postal Department and even after

the accident, he has continued in the said department, hence,

there is no loss of future income due to accidental injuries. He

further submits that the award of compensation by the Tribunal

under all heads are just and proper, does not call for

modification. Hence, he seeks to dismiss the appeal.

6. I have heard the arguments of learned counsel for

the parties and perused the material on record.

7. It is not in dispute that the appellant met with road

accident on 9.10.2016 and sustained lefor III fracture with soft

tissue injury on the face. On careful re-appreciation of entire

evidence available on record, this Court is of the considered

view that the appellant is not entitled to compensation under

the head of loss of future income due to disability, as the

appellant, even after the accident, has continued with the

employment. However, this Court taking note of the injuries

suffered by the appellant and duration of treatment taken by

NC: 2024:KHC-D:6089

him, would award additional sum of Rs.30,000/- as a global

compensation. The said enhanced compensation amount shall

carry interest at the rate of 6% per annum from the date of

petition till realization.

8. In modification of the impugned judgment and

award of the Tribunal to the above extent, the appeal stands

partly allowed. The respondent/insurer shall deposit the

enhanced compensation amount with accrued interest before

the Tribunal within six weeks from the date of receipt of

certified copy of this judgment. On such deposit, the same

shall be released in favour of the appellant. Registry to draw

modified award accordingly.

Sd/-

JUDGE

JTR Ct-an