Karnataka High Court
Suresh S/O Ningappa Kurubar vs Mahantesh S/O Totayya Churchalli Matha on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:2855
MFA No. 100625 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100625 OF 2016 (MV-I)
BETWEEN:
SRI. SURESH
S/O. NINGAPPA KURUBAR,
AGE: 24 YEARS, OCC: MECHANIC,
R/O: KUNAKERI,
TQ and DIST: KOPPAL.
...APPELLANT
(BY SRI. S.S.YALIGAR, ADVOCATE)
AND:
1. SRI. MAHANTESH
S/O. TOTAYYA CHURCHALLI MATHA,
AGE: 38 YEARS, OCC: DRIVER OF
NEKRTC BUS BEARING NO.
KA-37/F-252 (BADGE NO.3392)
R/O: MUNDARAGI, TQ: MUNDARAGI,
DIST: GADAG.
Digitally
signed by
SAMREEN
SAMREEN AYUB
AYUB DESHNUR
2. THE DIVISIONAL CONTROLLER,
DESHNUR Date:
2024.02.15 NEKRTC KOPPAL DIVISION,
13:26:11
+0530 KOPPAL.
...RESPONDENTS
(BY MISS. SHEBA A.KHANAPUR, ADVOCATE FOR
SRI. SUNIL S.DESAI, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
01.10.2015 PASSED IN MVC NO.483/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, KOPPAL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2024:KHC-D:2855
MFA No. 100625 of 2016
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant is the injured, who laid a claim for
awarding appropriate compensation in respect of road
traffic accident occurred on 20.02.2014 at about 4.30 p.m.
when he was returning on his motor cycle bearing No.KA-
37/U-8285, met with an accident on account of negligent
driving by the bus bearing No.KA-37/F-252.
2. Claim petition on contest came to be allowed in a
sum of Rs.11,437/- as under:
Heads of compensation Amount in RS.
Pain and Sufferings 10,000-00
Loss of amenities, nutrition, 200-00
diet and attendant charges
Special damages/Travelling 1,000-00
Expenses
Loss of pay during laid up 237-00
period of one day
Total 11,437/-
NC: 2024:KHC-D:2855
3. Sri.S.S.Yaligar, learned counsel for the appellant
contended that there was an injury on the head and
awarding only sum of Rs.200/- on the head of loss of
amenities, special damages, loss of pay during laid up
period is incorrect and sought for suitable enhancement.
4. Per contra, Sheba A. Khanapur, learned counsel
representing Sri.Sunil S. Desai, learned counsel for
respondent No.2 supported the impugned judgment.
5. In view of the rival contentions of the parties,
perused the material on record, meticulously.
6. On such perusal of the material on record, this
Court is satisfied with the argument of learned counsel for
the appellant that award of compensation in a sum of
Rs.11,437/- is on the lower side.
7. Instead of enhancing the compensation on each
and every head, if the compensation is enhanced from
Rs.11,437/- to Rs.25,000/- globally, ends of justice to be
met.
NC: 2024:KHC-D:2855
8. Accordingly, following:
ORDER
(i) Appeal is allowed in part as against
sum of Rs.11,437/- claimant is entitled
to Rs.25,000/- with interest at 6% p.a.
from the date of institution till its
realisation.
Sd/-
JUDGE
KAV
