The Head Master vs Prashant S/O Rangappa Narayani
2024 Latest Caselaw 3161 Kant

Karnataka High Court

The Head Master vs Prashant S/O Rangappa Narayani on 1 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                    -1-
                                                           NC: 2024:KHC-D:2283
                                                             MFA No. 101705 of 2019




                              IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                                     BEFORE
                                      THE HON'BLE MR JUSTICE V.SRISHANANDA
                               MISCELLANEOUS FIRST APPEAL NO.101705 OF 2019 (MV)
                       BETWEEN:

                       THE HEAD MASTER
                       SHRI. SAI INTERNATIONAL SCHOOL
                       OCC: OWNER TATA STAR BUS
                       REG NO: KA-29/A-5529
                       AT POST: SIAKERI, TQ: BAGALKOT
                       DIST: BAGALKOT-587101.
                                                                         ...APPELLANT
                       (BY SRI. ANAND R.KOLLI, ADVOCATE)

                       AND:

                       PRASHANT S/O. RANGAPPA NARAYANI,
                       AGE: 32 YEARS, OCC: CORPORATION EMPLOYEE,
                       R/O: SECTOR NO:14,
                       NAVANAGAR, PLOT NO:75,
                       TQ: BAGALKOT, DIST: BAGALKOT-587101.
                                                                       ...RESPONDENT
                       (BY SRI. HARISH S.MAIGUR, ADVOCATE)
          Digitally
          signed by           THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
          SAROJA
SAROJA    HANGARAKI    1988, AGAINST THE JUDGMENT AND AWARD DATED 30.07.2018
HANGARAKI Date:
          2024.02.19
          15:54:27     PASSED IN MVC NO.498/2016 ON THE FILE OF THE PRINCIPAL
          +0530
                       SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
                       TRIBUNAL-II,     BAGALKOT,   AWARDING     COMPENSATION    OF
                       Rs.2,99,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF
                       PETITION.


                              THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
                       COURT DELIVERED THE FOLLOWING:
                                     -2-
                                          NC: 2024:KHC-D:2283
                                           MFA No. 101705 of 2019




                                JUDGMENT

Heard Sri.Praveen Kumar for Sri.Anand R. Kolli, and

Sri.Harish S. Maigur, counsels for the parties.

2. Though the matter is listed for admission with the

consent of the parties, matter is taken up for final

disposal.

3. Owner of the offending vehicle is in appeal

challenging the quantum of compensation awarded in MVC

No.498/2013 on the file of Prl. Senior Civil Judge and

Memmber, Addl.MACT-II, Bagalkote dated 30.07.2018.

4. Admitted facts are that the claimant sustained

injuries in road traffic accident that occurred on

24.06.2015 at about 7.15 am involving motorcycle bearing

No.KA-28/K-2626 and Tata Star Bus bearing No.KA-29/A-

5529.

5. Charge sheet came to be filed against the driver of

Tata star bus and the same is not challenged by the driver

NC: 2024:KHC-D:2283

or owner. Admittedly, Tata star bus is not insured as on

the date of accident.

6. Claim petition on contest came to be allowed in a

sum of Rs.2,99,000/-.

7. The claimant continued to be the helper in water

corporation. Therefore, awarding sum of Rs.1,46,880/-

rounded of to Rs.1,47,000/- as compensation is incorrect,

in the argument put forth on behalf of appellant, while

seeking the reduction of quantum of compensation.

8. Per contra, Sri.Harish Maigur contended that on the

other heads, the quantum of compensation awarded is on

the lower side and no amount is awarded under the head

loss of amenities and loss of monthly income during laid

up period. Therefore, reasonable amount is to be deducted

from the compensation.

9. Accordingly, this court is of the considered opinion

that reducing sum of Rs.1,00,000/- from the adjudged

NC: 2024:KHC-D:2283

compensation would meet the ends of justice in the facts

and circumstances of the case.

10. Hence, the following:

ORDER

i) Appeal is allowed in part.

ii) As against compensation in a sum of Rs.2,99,000/- awarded by the tribunal, claimant is entitled for Rs.1,99,000/- with interest at 6% per annum from the date of petition till realization.

iii) Aount in deposit is ordered to the transmitted to the tribunal.

iv) Insurance company is granted with 4 weeks time to deposit balance amount of compensation.

Sd/-

JUDGE

HMB