Shakira vs Rajak And Anr
2024 Latest Caselaw 19595 Kant

Karnataka High Court

Shakira vs Rajak And Anr on 5 August, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                          NC: 2024:KHC-K:5638
                                                    MFA No. 200047 of 2024




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 5TH DAY OF AUGUST, 2024

                                           BEFORE
                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                        MISCL. FIRST APPEAL NO.200047 OF 2024 (MV-I)
                   BETWEEN:

                        SHAKIRA W/O DAVALASAB HEBBAL,
                        AGE 30 YEARS, OCC : HOUSEHOLD WORK,
                        R/O DEVARHPARAGI,
                        TQ. SINDAGI, DIST : VIJAYAPURA,
                        NOW RESIDING TA J M ROAD, VIJAYAPURA 586101

                                                                 ...APPELLANT

                   (BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)

                   AND:

                   1.   RAJAK S/O IMAMSAB MULLA,
Digitally signed        AGE 47 YEARS, OCC : BUSINESS,
by SUMITRA
SHERIGAR                R/o DEVARHIPPARAGI, TQ SINDAGI,
Location: HIGH          DIST : VIJAYAPURA - 586115.
COURT OF
KARNATAKA
                   2.   THE MANAGER LEGAL,
                        THE IFFCO TOKIO GENERAL INSURANCE CO LTD.,
                        NO.127, BHAVANI ARCADE, 3RD FLOOR,
                        306, 307, 309, NEAR OLD BUS STAND,
                        OPP : BASAVANA NEW COTTON MARKET,
                        HUBBALLI - 580029.

                                                             ...RESPONDENTS

                   (BY SRI. SUDARSHAN M., ADVOCATE for R2
                              -2-
                                       NC: 2024:KHC-K:5638
                                   MFA No. 200047 of 2024




VIDE ORDER DATED 26.03.2024 NOTICE TO R1 IS DISPENSED
WITH)
     THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
MODIFY THE IMPUGNED JUDGEMENT AND AWARD DATED
07.08.2023 PASSED IN MVC NO.520/2020 ON THE FILE OF THE
COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.9,96,500/- ONLY AS CLAIMED
BY THE APPELLANTS BEFORE THE HONOURABLE COURT IN THE
INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

The claimant is in appeal seeking for enhancement of

compensation.

2. The occurrence of the accident is not in dispute

and the liability on the Insurer to satisfy the amount

payable is also not in dispute.

NC: 2024:KHC-K:5638

3. The Tribunal has awarded a sum of Rs.25,000/-

as global compensation and also a sum of Rs.28,500/-

towards medical expenses.

4. Learned counsel for the appellant produces a

discharge summary - Ex.P.7 which indicates that the

petitioner was hospitalized from 12.08.2019 to

18.08.2019. The said discharge summary also indicates

that the appellant had undergone an arthroscopy surgery

of right articular surface tear and tear as intratendinous

delamination.

5. In my view having regard to the fact that the

petitioner was hospitalized for a period of six days and he

was undergone a surgery and also taking into

consideration of her age, it would be appropriate to

enhance the global compensation from Rs.25,000/- to

Rs.75,000/-. The amount of Rs.28,500/- awarded

towards medical expenses is maintained. The claimant

would thus be entitled to sum of

Rs.1,03,500/- (75,000+28,500) along with interest at

NC: 2024:KHC-K:5638

the rate of six per cent per annum from the date of

petition till its realization.

6. The Insurance Company is directed to deposit

the amount of compensation awarded within two months

from the date of receipt of a certified copy of this

judgment.

7. The entire enhanced amount along with interest

shall be disbursed to the claimant forthwith.

The appeal is accordingly allowed in part.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

SN