Karnataka High Court
Basheeruddin S/O Badruddin Zende vs Ashok S/O Bapu Kolekar on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3143
MFA No. 100456 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100456 OF 2014 (MV)
BETWEEN:
SRI. BASHEERUDDIN
S/O. BADRUDDIN ZENDE,
AGE: 68 YEARS,
OCC: COOLIE/CLERK, NOW NIL,
R/O: JAMAKHANDI, TQ: JAMAKHANDI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. HARISH S.MAIGUR, ADVOCATE)
AND:
SRI. ASHOK
S/O. BAPU KOLEKAR
AGE: 38 YEARS, OCC: OWNER OF VEHICLE,
R/O: JAMBAGI B.K., TQ: JAMAKHANDI,
DIST: BAGALKOT.
BHARATHI ...RESPONDENT
HM (BY SRI. D.V. PATTAR, ADVOCATE)
Digitally signed
by BHARATHI H
M
Date: 2024.02.21
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST
11:59:44 +0530
JUDGMENT AND AWARD DTD:29.06.2013, PASSED IN
MVC.NO.327/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND THE MEMBER OF MOTOR ACCIDENTS CLAIMS TRIBUNAL
NO.V, JAMAKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATIN AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3143
MFA No. 100456 of 2014
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. Harish S. Maigur, learned counsel for
the appellant and Shri. D. V. Pattar, learned counsel for
respondent.
3. Claimant's appeal seeking enhancement of the
compensation awarded in MVC No.327/2011 dated 29.06.2013
on the file of Principal Senior Civil Judge and the Member of
Motor Accidents Claims Tribunal No.V, Jamakhandi.
4. Facts in brief which are not in dispute are as under:
4.1. Claimant sustained accidental injuries due to rash
and negligent riding of the motor cycle by the rider of the
motor cycle bearing registration No.KA-48/TR-5080 on
21.12.2010 at about 6.0 p.m. Claimant suffered six fractures
in the said accident.
5. The Tribunal on contest allowed the claim petition in
a sum of Rs.2,15,871/- as under which was rounded off upto
Rs.2,15,900/-:
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1 For pain and agony (five grievous injuries) 60,000-00
2 For loss of future earnings (17% permanent 61,200-00
functional disability)
3 For actual medical expenses 69,371-00
4 For expenses towards attendants and extra 1,300-00
nourishment
5 For expenses towards conveyance 1,000-00
6 For loss of income during the period of 18,000-00
treatment
7 For future unhappiness and loss of amenities 5,000-00
TOTAL Rs.2,15,871-00
6. Being aggrieved by the quantum of compensation,
the claimant is in appeal.
7. Shri. Harish S. Maigur, learned counsel for the
appellant reiterating the grounds urged in the appeal
memorandum sought for enhanced compensation on the
ground that the award of compensation on the head of
nourishment, conveyance and on the head of future earnings is
on the lower side.
8. Per contra, Shri. D. V. Pattar, learned counsel for
respondent contended that the respondent-owner remained
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exparte before the Trial Court and therefore, award of
compensation awarded by the Tribunal is just and proper and
sought for dismissal of the appeal.
9. Having heard the parties in detail, this Court
perused the material on record meticulously.
10. On such perusal of the material on record, it is seen
that the claimant has sustained six fractures. Therefore, there
is sufficient scope for reasonable enhancement on the ground
of loss of amenities and on the ground of extra nourishment
and towards conveyance.
11. Therefore, enhancing another sum of Rs.50,000/-
over and above the sum of Rs.2,15,900/- would meet the ends
of justice having regard to the date of accident is on
21.12.2010.
12. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
(ii) As against sum of Rs.2,15,900/-
awarded by the Tribunal, the claimant is
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entitled to a sum of Rs.2,65,900/- as
compensation with interest at the rate of 6%
per annum from the date of petition till
realization.
Sd/-
JUDGE
SMM
