Karnataka High Court
Navaneetha Bai vs B. Basavaraj S/O Rudrappa on 14 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3649
MFA No. 101612 of 2016
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.101612 OF 2016 (MV-I)
BETWEEN:
SMT. NAVANEETHA BAI W/O. NAGARAJ,
AGE: 36 YEARS, OCC: BEAUTICIAN,
R/O: BALAJI COLONY, TALUR ROAD, BALLARI.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. R. BASAVARAJ S/O. RUDRAPPA
AGE: 47 YEARS, RIDER OF MOTOR
CYCYLE, NO.KA-34/W-5547,
R/O: YARRANGALI VILLAGE,
TQ and DIST: BALLARI.
2. SRI. M. NAGARAJ BABU S/O. LATE M. MAREPPA,
AGE: 41 YEARS, OWNER OF THE
MOTOR CYCYLE KA-34/5547,
R/O: INDIRA NAGAR, 4TH CROSS,
KOLAGAL ROAD, BALLARI.
SAMREEN 3. THE DIVISIONAL MANAGER,
AYUB
DESHNUR M/S. ORIENTAL INSURANCE CO. LTD.,
Digitally signed by
SAMREEN AYUB
2ND FLOOR, SLV TOWER, PARVATHI NAGAR,
DESHNUR
Date: 2024.02.22
MAIN ROAD, BALLARI.
16:48:38 +0530
...RESPONDENTS
(BY SMT. ARUNA DESHPANDE, ADVOCATE FOR R3;
R1-R2 DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT & AWARD DATED:24.02.2016,
PASSED IN MVC.NO.555/2015 ON THE FILE OF THE III MOTOR
ACCIDENT CLAIMS TRIBUNAL, AT BALLARI, 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:3649
MFA No. 101612 of 2016
JUDGMENT
Heard Sri.Hanumanth Reddy Sahukar and Sm.Aruna
Deshpande, advocates.
2. Injured claimant is in appeal challenging the validity of
the judgment and award passed in MVC No.555/2015 dated
24.02.2016 on the file of III Addl. MACT, Ballari.
3. Facts which are not in dispute for the disposal of the
appeal are as under:
3.1. Claimant sustained accidental injuries on 03.11.2014 at
about 7.45 p.m. near Moka bus stand on account of rash and
negligent riding of the motorcycle bearing No.KA-34/W-5547.
3.2 Claim petition on contest came to be allowed in a sum of
Rs.3,62,800-00.
Sl.No. Name of heads Amount(Rs.)
1 Pain and sufferings 30,000-00
2 Loss of amenities and happiness 25,000-00
3 Medical & incidental charges 1,25,000-00
4 Loss of earnings during treatment 10,000-00
period
5 Loss of future earning due to 1,72,800-00
disability
Total 3,62,800-00
NC: 2024:KHC-D:3649
4. Being not satisfied with the quantum of compensation,
claimant is in appeal.
5. Sri.Hanumanthareddy Sahukar, learned counsel for the
appellant reiterating the grounds urged in the appeal contended
that income should have been taken in a sum of Rs.7,500/-in
the absence of proper proof of income and tribunal has only
assessed the Rs.5,000/- as income and sought for
enhancement of compensation.
6. Per contra, Smt.Aruna Deshpande, counsel contended
that disability factor assessed by the doctor is 33% for the
whole body and PW.2 is not a treated doctor. Tribunal ought to
have taken 1/3 of the total disability factor in which case the
amount of quantum of compensation awarded on the head loss
of future earning due to disability would be subsequently
reduced and sought for dismissal of the appeal.
7. In view of the rival contentions of the parties, this court
has perused the material on record meticulously.
8. On such perusal of the material on record, it has been
established by the claimant that he has suffered accidental
NC: 2024:KHC-D:3649
injuries in road traffic accident as referred supra, she suffered
three fractures.
9. Taking note of the same and also the other aspect of the
matter such as disability and amount of compensation
awarded, this court is of the considered opinion that enhancing
the compensation in a sum of Rs.20,000/- globally, would meet
the ends of justice.
10. Accordingly, the following:
ORDER
i) Appeal is allowed in part.
ii) As against compensation of Rs.3,62,800/- awarded
by the tribunal, claimant is entitled for
compensation in a sum of Rs.3,82,800/- with
interest at 6% per annum from the date of petition
till realization.
iii) Balance amount is to be transmitted to the tribunal.
Sd/-
JUDGE
HMB
