Karnataka High Court
Mr. Clement vs M/S. United India Insurance Co. Ltd on 15 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:6663
MFA No. 4938 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.4938 OF 2019 (MV-I)
BETWEEN:
MR. CLEMENT
S/O. ANTONY DASS,
AGED ABOUT 21 YEARS,
RESIDING AT NO. 245,
"A" BLOCK, JANKIRAM LAYOUT,
7TH CROSS, BDA LAYOUT,
LINGARAJAPURAM, BENGALURU - 560 084.
...APPELLANT
(BY SRI. GURUDEV PRASAD K T, ADVOCATE)
AND:
1. M/S. UNITED INDIA INSURANCE CO., LTD.,
MOTOR CLAIMS HUB,
NO.18, 6TH FLOOR,
NEAR KRUSHI BHAVAN,
HUDSON CIRCLE,
BENGALURU-560 001,
Digitally signed by JAI
JYOTHI J BY ITS MANAGER.
Location: HIGH
COURT OF
KARNATAKA 2. G. VENKATESH
S/O. GURUMURTHY REDDY,
NO.623/A, 11TH MAIN,
HAL 2ND STAGE,
INDIRANAGARA,
BENGALURU - 560 008.
...RESPONDENTS
(BY SRI. G.S. MARULAIAH, ADVOCATE;
R2 - NOTICE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.01.2019 PASSED IN MVC
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NC: 2024:KHC:6663
MFA No. 4938 of 2019
NO.3444/2018 ON THE FILE OF THE V ADDITIONAL SMALL
CAUSES JUDGE & XXIV ACMM, MEMBE,R MACT, BENGALURU
(SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimant seeking
enhancement of compensation awarded by the MACT & V
Addl. Judge, Mayo Hall Unit, Bengaluru, vide judgment and
award dated 25.01.2019 in MVC No.3444/2018.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not in dispute.
3. Rank of the parties are stated as before trial court
for easy reference and convenience.
4. Heard the arguments of both sides and perused
the materials on record.
5. From the medical evidence on record, it is proved
that the claimant has suffered following injuries:
NC: 2024:KHC:6663
(i) Left foot degloving injury;
(ii) Fracture of 5th MT joint;
(iii) Fracture base of PP great toe; and,
(iv) Crush injury
6. It is stated that claimant is a mechanic by
profession in a company and there is no evidence. Due to
injuries sustained he has been terminated from the service.
The claimant has continued in the said profession without
any demotion. Though compensation amount granted by the
Tribunal is found to be proper, but under some heads
compensation awarded towards loss of amenities, loss of
income during laid up period and also compensation awarded
under the future medical expenses is on lesser side.
Therefore, Court is of the opinion that claimant is entitled to
certain amount of enhancement.
7. Therefore, having considered the nature of
injuries suffered, disability sustained and amount awarded, it
is just and proper to enhance the compensation by awarding
Rs.30,000/- globally in addition to what has been awarded
NC: 2024:KHC:6663
by the Tribunal along with interest 6% p.a. Accordingly, I
proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
25.01.2019 passed by MACT & V Addl.
Judge, Mayo Hall Unit, Bengaluru, in MVC
No.3444/2018, is modified to the extent
that the appellant/claimant is entitled to
enhanced compensation of Rs.30,000/-
globally along with interest at the rate of
6% per annum from the date of petition till
the date of realization, in addition to what
has been awarded by the Tribunal.
iii. No order as to costs.
iv. Registry to send back the trial court
records to the jurisdictional Tribunal.
v. Draw award accordingly.
Sd/-
JUDGE
DR
