Karnataka High Court
Sri Mahadev S/O Bhujappa Bilagi vs Sri Riyaz S/O Mahammad Sayyed on 6 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2633
MFA No. 103572 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.103572 OF 2022 (MV-I)
BETWEEN:
SRI. MAHADEV S/O. BHUJAPPA BILAGI
AGE. 52 YEARS,
OCC. AGRICULTURE AND DAIRYING,
R.O. SANAL-587301, TQ. JAMAKHANDI,
DIST. BAGALKOT.
...APPELLANT
(BY SRI. BASAVARAJ MATHAPATI, ADVOCATE FOR
SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. SRI. RIYAZ S/O. MAHAMMAD SAYYED
AGE. 50 YEARS, OCC. OWNER OF VEHICLE,
R/O. POST 227 SAROL, TQ. BHOR,
PUNE-442205, (MAHARASTRA).
2. THE BRANCH MANAGER,
Digitally ICICI LOMBARD, NIBHAY WADE,
signed by
SAMREEN 414 ICICI LOMBARD HOUSE,
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
VEERSAVARKAR MARG,
2024.02.15
13:28:17
SIDDI VINAYAK MAIN GATE,
+0530
PRABHADEV, MUMBAI-400025.
...RESPONDENTS
(BY SRI. R.R. MANE, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS M.F.A. IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
27.12.2021 PASSED IN MVC NO.337/2020 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL, JAMKHANDI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:2633
MFA No. 103572 of 2022
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Basavaraj Mathapati, learned counsel for
the appellant and Sri.R.R.Mane, learned counsel for
respondent - Insurance Company.
2. Claimant is in appeal challenging the validity of
judgment and award passed in MVC No.337/2020 on the
file of Additional Motor Accident Claims Tribunal,
Jamkhandi dated 27.12.2021.
3. Admitted facts are that, the claimant suffered
accidental injuries on 16.02.2020 while riding motorcycle
bearing No.KA-48/L-2958 on account of rash and negligent
driving of a cement tanker lorry bearing No.MH-12/RN-
8677.
4. Admittedly, charge sheet was filed against the
driver of tanker lorry bearing No.MH-12/RN-8677.
NC: 2024:KHC-D:2633
5. Tribunal, on contest, allowed the claim petition
in a sum of Rs.4,64,578/- with interest at 6% per annum
from the date of petition till realisation.
6. Being not satisfied with the quantum of
compensation, claimant is in appeal.
7. Learned counsel for the appellant - claimant
reiterating the grounds urged in the appeal memorandum,
contended that the Tribunal has not assessed disability
factor properly.
8. He also submits that on other heads also, the
amount awarded by the Tribunal is on lower side and
sought for enhancement of compensation.
9. Per contra, Sri.R.R.Mane, learned counsel for
the Insurance Company supports impugned judgment.
10. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
NC: 2024:KHC-D:2633
11. On such perusal of material on record,
admittedly, the injured has suffered fracture in clavicle
and pelvic bone and femur. Doctor assessed 30% disability
on account of fractures. Doctor has also assessed 5%
disability on the back of pelvic bone.
12. However, income that has been computed by
the Tribunal is on higher side. In the absence of proper
proof of income. Instead of reducing monthly income and
reassessing disability factor, if a sum of Rs.1,50,000/- is
granted over and above Rs.4,64,578/-, ends of justice
would be met.
13. Accordingly, appeal should succeed in part.
Hence, the following:
ORDER
(i) Appeal is allowed in part.
(ii) Impugned judgment and award passed by
the Tribunal stands modified.
NC: 2024:KHC-D:2633
(iii) As against Rs.4,64,578/- awarded by the
Tribunal, the claimant would be entitled to
Rs.6,14,578/- with interest at 6% per annum
from the date of petition till realisation.
(iv) Insurance Company is directed to deposit the
compensation amount with four weeks from
today.
Sd/-
JUDGE
SH
