Karnataka High Court
K R Anjankumar @Ajaykumar S/O. Late ... vs The Divisional Manager on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3710
MFA.CROB No. 782 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO.782 OF 2012 (MV)
BETWEEN:
K.R. ANJANKUMAR @ AJAYKUMAR
S/O. LATE RAMACHANDRARAO,
AGE: 36 YEARS, OCC: BUSINESS,
R/O. SMT. KASTURIBHA LATE RAMACHANDRARAO,
K.T.J. NAGAR, 16TH CROSS, NITAVALLI ROAD,
DAVANAGERE, TQ and DIST: DAVANAGERE-577001.
...CROSS OBJECTOR
(BY SRI. S.N. BANAKAR, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD.,
SRINATH COMPLEX, NEAR COTTON MARKET,
HUBLI, THROUGH ITS REGIONAL MANAGER,
M.P.P. HUBLI OFFICE, II FLOOR, SRINATH COMPLEX,
NEW COTTON PETH, HUBLI-580023,
BY DULY CONSTITUTED ATTORNEY.
Digitally
signed by
SAMREEN 2. SHRI. BASHEERAHMED @ RASHEEDAHMED
SAMREEN AYUB
AYUB DESHNUR S/O. MEHBOOBSAB @ HABIBSAB MULLA,
DESHNUR Date:
2024.02.23
17:11:20
AGE: MAJOR, OCC: BUSINESS, CUM LORRY OWNER
+0530
BEARING REG.NO.KA-27/3747,
R/O. KUMBAR ONI, BYADAGI-581106,
TQ: BYADAGI, DIST: HAVERI.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R1;
R2 HELD SUFFICIENT)
THIS MFA.CROB IN MFA.NO.21099/2011 FILED U/O.41 RULE
22 OF THE CODE OF CIVIL PROCEDURE, 1908, R/W. SEC. 173(1) OF
MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05.12.2009
PASSED IN MVC.NO.329/2003 ON THE FILE OF THE ADDITIONAL
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NC: 2024:KHC-D:3710
MFA.CROB No. 782 of 2012
CIVIL JUDGE (SR.DN) AND MEMBER, ADDL. MACT, RANEBENNUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA.CROB, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
JUDGMENT
Claimant in MVC No.329/2003 has sought for enhanced
compensation by challenging the judgment and award passed
in MVC No.329/2003 on the file of Additional Civil Judge (Sr.
Dn.) and Additional Motor Accident Claims Tribunal,
Ranebennur, dated 04.12.2009.
2. Facts in brief which are not in dispute are as under:
2.1. Claimant being the pillion rider of the motor cycle
bearing registration No.KA-17/Q-7961 suffered injuries on
account of road traffic accident that occurred on 16.02.2003 at
about 3.00 p.m. He was shifted to hospital and he has been
cured with the injuries.
2.2. Doctor assessed disability at 75% and the Tribunal
has taken 30% disability.
NC: 2024:KHC-D:3710
2.3. The injured is an employee therefore, based on
salary certificate his income is to be assessed at Rs.7,000/-.
On the heads of pain and suffering, loss of amenities, loss of
future earning and attendant charges, the Tribunal has not
assessed the compensation properly.
3. Therefore, a case is made out for re-assessment of
quantum of compensation.
4. Having heard the arguments of both claimant as
well Insurance Company, it is pertinent to note that the appeal
filed by the Insurance Company came to be dismissed on the
ground of delay.
5. Accordingly, the quantum of compensation is re-
assessed as under:
1 Pain and suffering Rs.50,000/-
2 Medical bills Rs.31,560/-
3 Loss of future earning charges and Rs.3,36,000/-
disability
(7000x12x16x25/100)
4 Loss of amenities Rs.30,000/-
5 Attendant and nourishment charges Rs.10,000/-
Total Rs.4,57,560/-
NC: 2024:KHC-D:3710
6. Hence, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against the sum of Rs.3,46,760/-
awarded by the Tribunal, the claimant is
entitled to a sum of Rs.4,57,560/- with
interest at the rate of 6% per annum
from the date of petition till realization.
(iii) Insurance Company is granted four
weeks time to pay the balance amount.
Sd/-
JUDGE
SMM
