Karnataka High Court
The Managing Director vs Parvatevva W/O. Channaveerayya ... on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2290
MFA No. 24055 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24055 OF 2013 (MV-I)
BETWEEN:
THE MANAGING DIRECTOR,
NWKRTC, AND ITS SELF INSURANCE FUND,
CENTRAL OFFICE, GOKUL ROAD, HUBLI
REPRESENTED BY ITS CHIEF LAW OFFICER,
GOKUL ROAD, HUBLI.
...APPELLANT
(BY SRI. P.R. BENTUR, ADVOCATE)
AND:
SMT. PARVATEVVA
W/O. CHANNAVEERAYYA MATHAPATI,
AGE: 71 YEARS, OCC: MILK VENDING
AND VEGETABLE VENDING BUSINESS,
R/O. MATHAD ONI, NOOLVI,
TQ:HUBLI, DIST: DHARWAD.
...RESPONDENT
Digitally signed
(BY SRI. LAXMAN C.KULKARNI, ADVOCATE)
by SAMREEN
AYUB
DESHNUR
Date:
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
2024.02.03
12:56:28 +0530
SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED: 10-04-2013 PASSED IN MVC NO.569/2012 ON THE FILE OF
SECOND ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT,
HUBLI, AWARDING THE COMPENSATION OF RS.2,10,000/- WITH
INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION
TILL REALISATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2290
MFA No. 24055 of 2013
JUDGMENT
Heard Smt.P.R.Bentru, learned advocate for appellant.
There is no representation for respondent.
2. Appeal is filed by the KSRTC challenging the quantum of
compensation awarded in MVC No.569/2012 dated 10.04.2013
on the file of the Second Addl. Senior Civil Judge and Member,
Addl. MACT, Hubballi.
3. Admitted facts for disposal of the appeal are as under:
Claimant suffered accidental injuries on account of rash
and negligent driving of the NWKRTC bus bearing registration
No.KA-25/F-2694 on 26.06.2012 at about 10.00 am on
P.B.Road. Injured was shifted to hospital and on account of the
injuries sustained by the claimant, his left leg was amputated
below the knee level. Injured was aged 70 years at the time of
accident.
4. Taking note of the nature of injuries sustained and the
earning capacity of the injured as on the date of accident, the
Tribunal allowed the claim petition in a sum of Rs.2,10,000/-
NC: 2024:KHC-D:2290
with interest at 6% per annum from the date of petition till
realization.
5. Being aggrieved by the same, NWKRTC is in appeal
challenging the quantum of compensation.
6. Taking note of the nature of the accident and injuries
sustained by the claimant and medical bills, pain and suffering
of the injured for the accidental injuries, Tribunal, as the law
existed, awarded compensation in a sum of Rs.2,10,000/-.
7. The Tribunal has considered the income of the injured as
Rs.4,000/- which should have been Rs.6,500/-, in the absence
of proper proof of income, in which case, claimant would be
entitled for enhanced compensation. Since the claimant has
not chosen to file any appeal, this Court is of the opinion that
the award of compensation in a sum of Rs.2,10,000/- is just
and proper.
8. Accordingly, the following:
NC: 2024:KHC-D:2290
ORDER
(i) Appeal is meritless and is hereby dismissed.
(ii) Amount in deposit is ordered to be
transmitted to the Tribunal, forthwith.
Sd/-
JUDGE
kcm
