Karnataka High Court
Yoel S/O Manohar Nadakattin vs The Managing Director on 13 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3406
MFA No. 100935 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100935 OF 2016 (MV-I)
BETWEEN:
YOEL S/O. MANOHAR NADAKATTIN,
AGE:51 YEARS, OCC:CLASS-D EMPLOYEE IN PHC,
R/O: NOOLVI, TQ:HUBLI, DIST: DHARWAD.
NOW RESIDING AT:RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HOSUR, HUBBALLI
DIVISION, HUBBALLI-580020,
TQ: HUBBALLI, DIST: DHARWAD.
(OWNER AND SELF-INSURANCE OF
BUS BRG. NO.KA-25/F-2613)
...RESPONDENT
Digitally
signed by
SAMREEN
SAMREEN AYUB
(BY MISS. VINUTHA KHANNUR, ADVOCATE FOR
AYUB DESHNUR
DESHNUR Date:
2024.02.23
SRI. M.M. KHANNUR, ADVOCATE)
14:30:45
+0530
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 18.08.2015, PASSED IN MVC
NO.412/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3406
MFA No. 100935 of 2016
JUDGMENT
Heard Sri.Pruthvi K.S., learned counsel for the
appellant and Miss.Vinutha Khannur on behalf of
Sri.M.M.Khannur, learned counsel for the respondent.
2. Though this appeal is listed for admission, with
the consent of both parties, it is taken up for final
disposal.
3. Claimant is in appeal challenging the validity of
judgment and award passed in MVC No.412/2013 on the
file of Additional Motor Accident Claims Tribunal,
Ranebennur dated 18.08.2015.
4. Admitted facts of the case are as under
Claimant being an injured in a road traffic accident
occurred on 26.10.2012 at about 7:00 p.m. near Primary
Health Centre, Noolvi village involving KSRTC bus bearing
No.KA-27/F-2613, laid a claim for compensation.
5. Claim petition, on contest, came to be allowed
in a sum of Rs.2,03,700/-.
NC: 2024:KHC-D:3406
6. Being not satisfied with the quantum of
compensation, claimant has preferred the present appeal.
7. Learned Counsel for the appellant contends that
award of compensation is on lower side and sought for
enhancement.
8. Per contra, learned counsel for the respondent
supports impugned judgment.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of material on record, it has
been established by the claimant that he has suffered
accidental injuries as referred in the claim petition and
found in the wound certificate marked as Ex.P.4 and there
is no permanent disability or functional disability as he
continued in the same employment even after the
accidental injuries.
NC: 2024:KHC-D:3406
11. Taking note of the fact that doctor has been
examined, Tribunal has awarded Rs.2,03,700/- as
compensation.
12. This Court meticulously perused material on
record. Towards pain and suffering, Rs.35,000/-, towards
diet, nourishment and attendant charges, Rs.5,000/- is
awarded, towards conveyance charges, Rs.15,000/- is
awarded and towards loss of amenities, Rs.20,000/- is
awarded and towards future medical expenses, Rs.5,000/-
is awarded.
13. Accordingly, hardly there is any scope for
enhancement of compensation.
14. Hence, the following:
ORDER
(i) Appeal is meritless and hereby dismissed
(ii) No order as to costs.
Sd/-
JUDGE
