Karnataka High Court
Rizwan Ahamed S/O Harun Rasheed vs Amogh Siddu S/O Tejappa on 16 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3833
MFA No. 102694 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102694 OF 2016 (MV-I)
BETWEEN:
RIZWAN AHAMED S/O. HARUN RASHEED,
AGE: 39 YEARS, OCC. BUSINESS,
R/O: NALAGADDA, BENGALURU ROAD,
BALLARI, TAL and DIST. BALLARI.
...APPELLANT
(BY SRI. T.M. NADAF, ADVOCATE)
AND:
1. AMOGH SIDDU S/O TEJAPPA,
AGE: 29 YEARS,
R/O: NEAR MOHANDAS HOUSE, RADIO PARK,
BALLARI, TAL and DIST. BALLARI.
2. TANVEER AHAMMAD S/O BASHEER AHAMMAD,
AGE: MAJOR,
R/O: NEAR DIWANI MASTAN DARGA,
MAIN ROAD, COWL BAZAR,
TAL and DIST.BALLARI.
Digitally
signed by
SAMREEN
3. THE BRANCH MANAGER,
SAMREEN AYUB
THE ORIENTAL INSURANCE CO. LTD.,
AYUB DESHNUR
DESHNUR Date:
2024.02.23 1ST FLOOR, N.R. MANSON,
17:01:21
+0530 NEAR RAGHAVENDRA THEATRE,
K.C. ROAD, BALLARI, TAL and DIST. BALLARI.
...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R3;
R1 DISPENSED WITH)
THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT
1988, AGAINST THE JUDGMENT & AWARD DATED 24.10.2011,
PASSED IN MVC.NO.516/2011 ON THE FILE OF THE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-XII, BELLARI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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NC: 2024:KHC-D:3833
MFA No. 102694 of 2016
THIS M.F.A., COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. T. M. Nadaf, learned counsel for the
appellant and Shri. M. K. Soudagar, learned counsel for
respondent No.3-Insurance Company.
3. Claimant is in appeal challenging the validity of
judgment and award passed in MVC No.516/2011 on the file of
Motor Accident Claims Tribunal-XII, Bellary dated 24.10.2011.
4. Facts of the case which are not in dispute are as
under:
4.1. Claimant Rizwan Ahamed suffered head injury in a
road traffic accident that occurred on 30.11.2010 when he was
travelling on a motorcycle bearing registration No.KA-34/Q-
5749 as a pillion rider. The said motorcycle met with an
accident involving another motor cycle due to rash and
negligent riding of the motor cycle bearing registration No.KA-
34/Q-5749.
NC: 2024:KHC-D:3833
5. Claim petition was resisted by filing detail written
statement.
6. Tribunal after raising necessary issues recorded the
evidence of the parties and allowed the claim petition in a sum
of Rs.1,89,511/-.
7. Being aggrieved by the inadequacy of quantum of
compensation, claimant is in appeal.
8. Reiterating the grounds urged in the appeal
memorandum Shri. T. M. Nadaf, learned counsel for the
appellant contended that the doctor has assessed the disability
factor at 35% whereas the Tribunal has not awarded any
amount on the head of loss of income during disability.
Therefore, sought for enhanced compensation.
9. Per contra, Shri. M. K. Soudagar, learned counsel
for Insurance Company contended that it is the case of head
injury. The doctor who examined the injured is not a Neuro
Surgeon and therefore, he was not entitled to assessed the
disability factor. Therefore, sought for dismissal of the appeal.
10. Having heard the parties in detail, this Court
perused the material on record meticulously.
NC: 2024:KHC-D:3833
11. On such perusal of the material on record, it is seen
that on the head of loss of future amenities of life or for
disability a sum of Rs.96,500/- is granted. Therefore, the
contention of the appellant that no amount is awarded on the
head of dependency cannot be countenanced in law.
12. However, the income that should have been taken
by the Tribunal for the accidental injuries is of Rs.5,500/- and
disability factor should have been assessed at 1/3rd of the
disability factor mentioned in the disability certificate issued by
PW.2. If the same is reckoned, the quantum of compensation
on account of disability would amount to Rs.1,26,720/-.
Further, loss of amenities to a sum of Rs.20,000/- is to be paid.
13. Accordingly, instead of enhancing compensation on
each and every head, if a sum of Rs.50,000/- is enhanced
globally the ends of justice would be met.
14. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
(ii) As against the sum of Rs.1,89,511/-
awarded by the Tribunal, the claimant
NC: 2024:KHC-D:3833
would be entitled to a sum of
Rs.2,39,511/- with interest at the rate of
6% per annum from the date of petition
till realization less delayed period of 1675
days in filing the appeal.
Sd/-
JUDGE
SMM
