Karnataka High Court
Chandrashekar S/O Shivakumar vs Sri Santosh And Anr on 7 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5787
MFA No. 200931 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 200931 OF 2017 (MV-I)
BETWEEN:
CHANDRASHEKAR S/O SHIVAKUMAR
AGE: 33 YEARS
OCC: PVT. SERVICE & AGRI, NOW NIL,
R/O. GORTA (B), TQ. B-KALYAN,
DIST. BIDAR
NOW R/O. BASAVESHWAR COLONY
KALABURAGI.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
Digitally signed
by SUMITRA 1. SRI SANTOSH S/O SUBASHRAO LOKHANDE
SHERIGAR AGE: 34 YEARS
Location: HIGH OCC: OWNER OF VEHICLE
COURT OF
KARNATAKA R/O. H.NO.1/79, OPP. MINI VIDHAN SOUDA
KALABURAGI-585102.
2. THE NEW INDIA ASSURANCE CO. LTD.,
THROUGH ITS MANAGER
2ND FLOOR, DR. RAHASHEKAR PATIL BUILDING
P.B.NO.12, SANGAMESHWAR CROSS
S.B.TEMPLE ROAD
KALABURAGI-585102.
...RESPONDENTS
(BY SRI SUDHARSHAN M., ADV. FOR R2; R1- SERVED)
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NC: 2024:KHC-K:5787
MFA No. 200931 of 2017
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED-02.01.2017
PASSED IN MVC NO.964/2015 ON THE FILE OF I ADDL.
SENIOR CIVIL JUDGE AND MACT KALABURAGI. AND ALLOW
THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.14,99,999/- AND ETC.
THIS APPEAL, COMING ON FOR HEARING, 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)
1. The appeal is filed by the claimant seeking for
enhancement.
2. During the pendency of the appeal since it was
submitted that the Tribunal had failed to award any
compensation towards loss of income due to disability on
the ground that the claimant had been terminated from his
employment, this Court on 24.05.2023, permitted the
claimant to lead additional evidence so as to determine
just compensation payable. The Tribunal was directed to
permit the adducing of further evidence and was directed
to furnish its findings on the additional evidence lead by
the claimant and submit a report.
NC: 2024:KHC-K:5787
3. Accordingly, pursuant to the said order, the Tribunal
has recorded additional evidence adduced by the claimant
and has given a finding that the claimant had not been
able to establish that his employment had been
terminated. It has gone on to record a finding that the
claimant had suffered disability to an extent of 5% and it
has applied the notional income and held that the claimant
would be entitled to a sum of Rs.76,800/-. In my view,
this amount determined by the Tribunal is just and proper
and will have to be acceptable.
4. The Tribunal has awarded the following sums in its
main judgment as follows:
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 25,000/-
2. Medical expenses 23,200/-
3. Future Medical expenses 25,000/-
Attendant and conveyance
4. 600/-
charges
5. Loss of amenities 50,000/-
Total 1,23,800/-
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5. In my view, the sum assessed by the Tribunal as
compensation under the various heads are just and proper
and do not call for any interference. Thus, the appeal is
disposed of holding that the claimant will be entitled for an
additional sum of Rs.76,800/- as determined by the
Tribunal in its report dated 14.07.2023 along with interest
@ 6% p.a. 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.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
