Karnataka High Court
Rayavva Lagmanna Gurunath vs Mohammadgous on 14 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3650
MFA No. 24600 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO. 24600 OF 2011 (MV-I)
BETWEEN:
RAYAVVA LAGMANNA GURUNATH,
AGE: 52 YEARS, OCC: MILK VENDING
AND HOUSEHOLD WORK,
R/O: KADAPUR, TQ: CHIKODI,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. SHIVARAJ C.BELLAKKI, ADVOCATE)
AND:
1. SHRI. MOHAMMADGOUS MOHAMMADHANIF MAKANDAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: SANGALI, KHANBAG BADAN
CHOUK SANGALI, TQ: SANGALI,
DIST: SANGALI MAHARASTRA.
2. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO.LTD.,
SAMREEN BELAGAVI,
AYUB
DESHNUR (MICRO OFFICE NO.4576
Digitally signed by
SAMREEN AYUB
K.C.ROAD, 1ST FLOOR NEAR PRABHAKAR
DESHNUR
Date: 2024.02.22 TALKIES, CHIKODI, DIST: BELAGAVI.
16:46:47 +0530
...RESPONDENTS
(BY SRI. N.R. KUPPELLUR, ADVOCATE FOR R2;
R1 SERVED)
THIS M.F.A. IS FILED U/S.173(1) OF THE M.V.ACT 1988,
AGAINST THE JUDGEMENT AND AWARD DATED 19.05.2011, PASSED
IN MVC NO.681/2010 ON THE FILE OF MOTOR ACCIDENT CLAIMS
TRIBUNAL AND DISTRICT JUDGE, FAST TRACK COURT-I, CHIKODI,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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MFA No. 24600 of 2011
THIS M.F.A., COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Shivaraj C. Bellakki and Sri.N.R.Kuppellur,
counsel for the parties.
2. Admitted facts which are utmost necessary for
disposal of the appeal are as under:
2.1 Smt.Rayavva Lagamanna Gurunath who suffered
accidental injuries on 23.12.2009 at about 12.15 p.m.
near Ankli Koot when she was waiting for a bus, on
account of the rash and negligent driving of the driver of
the Tata Sumo bearing No.MH-09/S-7741. Claimant being
suffered accidental injuries was shifted to the hospital and
higher medical care, despite best treatment she suffered
permanent disability.
2.2 Tribunal, on contest, allowed the claim petition in a
sum of Rs.1,20,000/- with interest at 9% per annum from
the date of petition till realization.
3. Being aggrieved by the same, claimant is in appeal.
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4. Sri.Shivaraj Bellakki, learned counsel for the
appellant contended that the injuries sustained by the
claimant resulted in permanent disability in amputation of
3 fingers of the left leg and there is permanent limping.
Therefore, he sought for enhancement of compensation.
5. He also contended that when tribunal has not
granted any compensation on the head of loss of income
due to disability and award of compensation on other
heads is also on the lower side and sought for
enhancement of compensation.
6. Per contra, Sri. N.R.Kuppelur contended that as on
the date of passing the award tribunal has applied the
principle of law which would enunciate the filed of award
and award came to be passed. Hence, prays for suitable
orders.
7. Having heard the parties, this court has perused the
material on record meticulously.
8. On such perusal of the material on records, it is seen
that wound certificate is marked at Ex.P5 and disability at
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Ex.P12. Claimant has suffered accidental injuries as results
of three fingers are amputated in the left leg. It is a
permanent disability. Disability certificate establish that
because of the amputation, proper walking style of the
claimant has suffered and she has to now limb and cannot
attend to the day to day work normally.
9. While assessing the compensation, tribunal is bound
take this aspect of the matter for the reasons best known
to the tribunal, it has not bestowed its attention in
awarding proper compensation on different heads.
Therefore, a case has been made out for re-assessment of
the compensation which is reassessed as under:
Sl.No. Name of heads Amount(Rs.)
1 Loss of income due to disability 1,58,400-00
2 Pain and sufferings 60,000-00
3 Amenities 40,000-00
4 Medical expenses 40,000-00
5 Income during laid up period. 22,000-00
6 Food nourishment and attendant 30,000-00
charges
Total 3,50,000-00
10. Accordingly, following :
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ORDER
i) Appeal allowed in part.
ii) As against award amount of Rs.1,20,000/-
awarded by the tribunal, claimant is entitled for
compensation of Rs.3,50,000/- with interest at
7% per annum from the date of petition till
realization.
iii) Insurance company is granted four weeks
time to deposit compensation amount.
Sd/-
JUDGE
HMB
