Karnataka High Court
Sri. M H Kartheek Kumar S/O M. Hussaini vs Ismail S/O Bashu on 8 August, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:11324
MFA No. 101264 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 101264 OF 2021
BETWEEN:
SRI. M H KARTHEEK KUMAR
S/O. M. HUSSAINI
AGE: 35 YEARS, OCC: EX-DATA
ENTRY COMPUTER OPERATOR IN
CENTRAL SCHOOL ON CONSTRACT
BASIS, AT BALLARI,
R/O. H.NO.145, 2ND CROSS, KUVEMPU NAGAR,
BALLARI-583101.
...APPELLANT
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
AND:
1. ISMAIL S/O. BASHU
AGE: 38 YEARS, No. ka-35/A-3428,
Location:
BHARATHI HIGH
HM COURT OF
KARNATAKA
R/O NEAR SELECT FUNCTION HALL,
WARD NO.24, TRAINING SCHOOL ROAD,
COWL BAZAAR, BALLARI - 583 104.
2. J.S.W STEELS LTD.
POST VIDYA NAGAR, TORANAGALLU-VILLAGE,
SANDUR TALUK, BALLARI-DISTRICT,
OWNER OF THE BUS BEARING REG NO.KA-35/A-
3428.
3. THE BRANCH MANAGER,
HDFC ERGO GENERAL INSURANCE
COMPANY LIMITED,
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NC: 2024:KHC-D:11324
MFA No. 101264 of 2021
BALLARI - 583 101.
...RESPONDENTS
(NOTICE TO R1 & R2 DISPENSED WITH;
BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3)
THIS MFA FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
PRAYS THAT THIS HON'BLE COURT MAY BE PLEASED TO:
1) CALL FOR THE LOWER COURT RECORDS IN MVC
NO.1010/2018 DATED 05.02.2021 ON FILE OF MOTOR
VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT
BALLARI.
2) ENHANCE THE COMPENSATION FROM RS.01,18,000/- TO
RS. 15,00,000/- IN MVC NO.1010/2018 DATED
05.02.2021 ON FILE OF MOTOR VEHICLE ACCIDENT
CLAIMS TRIBUNAL - XIITH AT BALLARI, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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NC: 2024:KHC-D:11324
MFA No. 101264 of 2021
ORAL JUDGMENT
This appeal is filed by the petitioner seeking enhancement
of the compensation as awarded by the Tribunal in the
judgment dated 05.02.2021 passed in MVC No.1010/2018 by
Motor Accidents Claim Tribunal-XII, Ballari.
2. The learned counsel for the appellant would contend
that PW.2 is a Doctor who treated the injured - PW.1 has
deposed that the petitioner has suffered the permanent
disability of 25% of the whole body and issued a disability
certificate - Ex.P.7. The Tribunal has ignored the said disability
certificate and evidence of PW.2 and has not awarded any
compensation under the head of loss of earning. He further
submits that the compensation awarded under the head of pain
and suffering and loss of amenities is on lower side and prays
to enhance the same. He contends that the appellant/
petitioner has been admitted to Hospital for three days and at
least for that period he is entitled for loss of income. With this
he prayed to allow the appeal and enhance the compensation.
3. Learned counsel for respondent No.3 would contend
that the appellant/ petitioner was working as a data entry
NC: 2024:KHC-D:11324
operator on contract basis and he has been paid same salary
even after the accident and therefore, he has not sustained any
loss of earnings due to the accident for disability sustained by
him. Considering the said aspect, the Tribunal has rightly not
awarded any compensation for loss of earning. With this he
prays to dismiss the appeal.
4. Having heard the learned counsels, the Court has
perused the impugned judgment and the Trial Court records.
The Ex.P.5 is the wound certificate of the petitioner issued by
PW.2. The appellant/ petitioner has sustained fracture of distal
end of radius right side and the Doctor has opined that the said
injury is grievous in nature. PW.2 - Doctor has stated that the
appellant/ petitioner has suffered permanent disability of 22%
of the whole body. The petitioner was working as a data entry
operator and was getting Rs.14,794/- per month and Ex.P.9
indicates that he is getting the said salary even after the
accident. Considering the said aspect, the Tribunal has rightly
held that the said injury/ disability has not caused any loss of
earning capacity of the appellant/ petitioner.
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5. The petitioner as noted above has sustained facture
and he was admitted in the Hospital for three days. The said
fracture is opined to be grievous in nature and during the said
period, the appellant/ petitioner has been put to lot of pain and
suffering. The Tribunal has awarded Rs.25,000/- towards pain
and suffering. The said amount of compensation awarded under
the head of pain and suffering is on the lower side and it
requires to be enhanced by Rs.15,000/- and i.e., Rs.40,000/-.
6. The petitioner has sustained fracture and therefore,
he is entitled for compensation under the head of loss of
amenities. The Tribunal has awarded Rs.25,000/-, considering
the injuries sustained to the wrist causing inconvenience to the
petitioner, the said compensation under the head of loss of
amenities is required to be enhanced from Rs.25,000/- to
Rs.40,000/-. The Tribunal has rightly awarded Rs.25,000/-
under the head of special diet and attendance and conveyance
expenses and Rs.43,000/- under the head of medical and
Hospital expenses.
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7. Considering the above aspects, the appellant/
petitioner is entitled to enhanced compensation of Rs.30,000/-
in the result, the following:
ORDER
i) The appeal is allowed in part.
ii) The appellant/ petitioner is entitled for
enhanced compensation of Rs.30,000/- with
interest at the rate of 6% per annum from the
date of petition till the date of deposit by
respondent No.3/ Insurance Company.
Respondent No.3/ Insurance Company shall
deposit the enhanced compensation with
interest within four weeks from the date of
receipt of certified copy of this order.
iii) The enhanced compensation shall be released
to the appellant/ petitioner.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ CT:ANB
