Karnataka High Court
Sri. J.K. Maresh vs Honnur Sab S/O Mobusab on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2277
MFA No. 101470 of 2016
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.101470 OF 2016 (MV-I)
BETWEEN:
SRI. J.K. MARESH S/O. J. MALLIKARJUNA,
AGE: 21 YEARS, OCC: COOLIE,
R/O: OLD MALAPANAGUDI,
HOSPET TALUK, DIST:BALLARI,
NOW R/O:BELAGAL CROSS,
BALLARI-591123.
...APPELLANT
(BY SRI. T. HANUMAREDDY, ADVOCATE)
AND:
1. HONNUR SAB S/O. MABUSAB,
AGE: 53 YEARS, OCC:DRIVER-CUM-
OWNER OF AUTO MINIDOOR
BEARING REGN. NO.KA-35/7940,
R/O:12TH WARD, MEENUGUR ONI,
KAMALAPUR, HOSPET TALUKA,
BALLARI DISTRICT-591036.
2. M/S. SRIRAM GENERAL INSURANCE
Digitally signed
by SAMREEN
AYUB
COMPANY LIMITED, BY ITS
DESHNUR
Date:
BRANCH MANAGER, E-8,EPIPRICO,
2024.02.03
12:57:47 +0530
SITAPUR, JAIPUR, RAJASTHAN
STATE-411043.
...RESPONDENTS
(BY SMT. ANUSHA SANGAMI, ADVOCATE FOR
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 25.02.2014 PASSED IN MVC
NO.40/2013 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL-II, BALLARI, PATRLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:2277
MFA No. 101470 of 2016
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Sri T.Hanumareddy, advocate for appellant and
Smt.Anusha Sangami advocate representing Sri
S.K.Kayakamath, advocate for respondent No.2.
2. Though the matter is listed for orders, with the consent of
the parties, same is taken up for final disposal.
3. Claimant is in appeal challenging the adequacy of the
compensation awarded by the Member, MACT-II, Bellary, in
MVC No.40/2013 dated 25.02.2014.
4. The claimant filed petition under Section 166 of the
M.V.Act seeking grant of compensation for the accidental
injuries sustained by him on 31.10.2011 at 8.45 am when he
was travelling from Hospet bus stand to attend coolie work,
whereby he met with an accident involving auto bearing
registration No.KA-35/7949.
5. The claim petition, on contest came to be allowed in part
by granting compensation in a sum of Rs.73,942/- with interest
NC: 2024:KHC-D:2277
at 6% per annum fastening the liability on the owner of the
auto rickshaw taking note of the fact that the auto rickshaw
was not insured as on the date of the accident and exonerating
the liability of the insurance company.
6. Being aggrieved by the inadequacy in awarding
compensation, claimant is in appeal.
7. Sri Hanumareddy, advocate for the appellant, reiterating
the grounds urged in the appeal memorandum, contended that
the Tribunal has not properly appreciated the material evidence
on record and sought for suitable enhancement.
8. Smt.Anusha Sangami, advocate for the Insurance
Company submitted that suitable orders be passed, as there is
no liability on the Insurance Company.
9. The owner of the auto rickshaw, though served with
notice, remained absent.
10. Taking note of the fact that the accident is of the year
2011 and there is no permanent disability though disability
certificate is marked at Ex.P.7, enhancement of compensation
NC: 2024:KHC-D:2277
from Rs.73,942/- to Rs.1,25,000/- would meet the ends of
justice, as the medical bill itself is in a sum of Rs.56,000/-.
11. Further, the Tribunal has not properly assessed the
monthly income of the claimant in order to assess the loss of
income during laid up period. So also on the other heads,
compensation awarded is on the lower side.
12. Accordingly, the following:
ORDER
(i) Appeal is allowed in part.
(ii) As against Rs.73,942/- awarded by the
Tribunal, claimant is entitled to
compensation in a sum of Rs.1,25,000/-
with interest at 6% per annum from the
date of petition till realization, less the
interest for delayed period of 706 days in
filing the appeal.
(iii) Ordered accordingly.
Sd/-
JUDGE
kcm
