Karnataka High Court
Akbar Maktum Hussain Gosanatti vs Shankar Laxman Rathod on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3705
MFA No. 24140 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24140 OF 2013 (MV-I)
BETWEEN:
AKBAR MAKTUM HUSSAIN GOSANATTI,
AGE: 22 YEARS, OCC: MASON NOW NIL,
R/O. GANDHI NAGAR, BELAGAVI.
...APPELLANT
(BY SMT. SHAILA BELLIKATTI, ADVOCATE)
AND:
1. SHANKAR LAXMAN RATHOD,
AGE: 57 YEARS, OCC: BUSINESS,
R/O. AT POST: 110, NEAR VITHAL
MANDIR VASHI, TQ: VALVA,
DIST: SANGLI, MAHARASHTRA.
(OWNER OF THE MOTOR CYCLE NO. MH-10/AS-1841)
2. SUNIL SAMUEL BANGARI,
AGE: MAJOR, OCC: BUSINESS,
Digitally
signed by
R/O. 1B, 113, HARI MANDRI, TOWNSHIP,
SAMREEN
SAMREEN
AYUB
DANDELI, TQ: HALIYAL, DIST: KARWAR.
AYUB DESHNUR (OWNER OF THE MOTOR CYCLE NO.KA-31/L-5788)
DESHNUR Date:
2024.02.23
16:31:14
+0530 ...RESPONDENTS
(BY SRI. PRANAV S.KATAGERI, ADVOCATE FOR
SRI. S.S. KATAGERI, ADVOCATE FOR R1;
R2 APPEAL STANDS ABATED)
THIS M.F.A. IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:31-07-2013 PASSED IN MVC
NO.2399/2011 ON THE FILE OF VI-ADDL. DISTRICT AND SESSIONS
JUDGE, BELAGAVI, 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:3705
MFA No. 24140 of 2013
JUDGMENT
Heard Smt.Shaila Bellikatti, Sri.Pranav S.Katageri for
Sanjay S.Katageri.
2. Though the matter is listed for admission, with the
consent of the parties, matter is taken up for final
disposal.
3. Claimant in a road traffic accident that occurred on
29.03.2011 involving motorcycle bearing No.KA-31/L-
5788, another motorcycle bearing No.MH-10/AS-1841
being not satisfied with the award of compensation in a
sum of Rs.25,000/- in MVC No.2399/2011 dated
31.07.2013 on the file of Addl. MACT, Belagavi has
preferred this appeal.
4. The tribunal on contest allowed the claim petition in
part in a sum of Rs.25,000/- as compensation.
5. Wound certificate marked at Ex.P8 shows that there
a fracture on the head of pain and suffering itself claimant
is entitled to a sum of Rs.25,000/-.
NC: 2024:KHC-D:3705
6. Therefore, award of compensation in a sum of
Rs.25,000/- is on the lower side. If another sum of
Rs.25,000/- is enhanced globally, same would meet the
ends of justice in the facts and circumstances of the case,
taking note of the fact that injured was inpatient only for a
day in the hospital and there is no disability.
7. Accordingly, the following :
ORDER
i) Appeal is allowed in part.
ii) As against sum of Rs.25,000/- awarded by
the tribunal, claimants are entitled for
Rs.50,000/- as compensation with interest at
8% per annum from the date of petition till
realization.
iii) Insurance company is liable to pay the
compensation.
Sd/-
JUDGE
HMB
