Karnataka High Court
The Chief Secretary vs Ganapathi S/O. Keshava Hebbar on 19 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4017
MFA No. 25636 of 2011
C/W MFA No. 26019 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.25636 OF 2011 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.26019 OF 2011
IN MISCELLANEOUS FIRST APPEAL NO.25636 OF 2011
BETWEEN:
GANAPATI S/O KESHAVA HEBBAR,
AGE: 48 YEARS, OCC: NIL,
R/O: VANASIRINAGAR (SATTUR)
JAGIRDAR HOUSE, DHARWAD.
...APPELLANT
(BY SRI. S.R. HEGDE, ADVOCATE AND
SRI. P.K. SANNINGAMMANAVAR, ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BANGALURU.
2. THE JOINT DIRECTOR OF INDUSTRY and
Digitally
signed by
SAMREEN
COMMERCE, LOCAL OFFICE, DISTRICT INDUSTRIAL
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
CENTRE, RAYAPUR, DHARWAD.
2024.02.23
14:30:31
+0530
3. THE DIRECTOR OF K.G.I.D.
GOVERNMENT OF KARNATAKA,
VIDANAVEDI, BANGALURU,
REPRESENTED BY LOCAL OFFICE,
THE DISTRICT KGID OFFICER,
AT: MINI VIDHANA SOUDHA OFFICE,
COMPOUND, DHARWAD.
...RESPONDENTS
(BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173(1) OF
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 14.03.2011 PASSED IN MVC NO.374/2006 ON THE FILE OF
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NC: 2024:KHC-D:4017
MFA No. 25636 of 2011
C/W MFA No. 26019 of 2011
THE III-ADDL. SENIOR CIVIL JUDGE AND AMACT, AT DHARWAD,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MISCELLANEOUS FIRST APPEAL NO.26019 OF 2011
BETWEEN:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BANGALURU.
2. THE JOINT DIRECTOR OF INDUSTRY and
COMMERCE, LOCAL OFFICE, DISTRICT INDUSTRIAL
CENTRE, RAYAPUR, DHARWAD.
3. THE DIRECTOR OF K.G.I.D.
GOVERNMENT OF KARNATAKA,
VIDANA VEEDI, BANGALURU,
REPRESENTED BY LOCAL OFFICE,
THE DISTRICT KGID OFFICER,
AT: MINI VIDHANA SOUDHA,
COMPOUND, DHARWAD.
...APPELLANTS
(BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP)
AND:
SRI. GANAPATI S/O KESHAVA HEBBAR,
AGE: 43 YEARS, OCC: NIL,
R/O: VANASIRINAGAR (SATTUR)
JAGIRDAR HOUSE, DHARWAD.
...RESPONDENT
(BY SRI. S.R. HEGDE, ADVOCATE AND
SRI. P.K. SANNINGAMMANAVAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 173(1) OF
MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 14.03.2011 PASSED IN MVC NO.374/2006 ON THE FILE OF
THE III-ADDL. SENIOR CIVIL JUDGE AND AMACT, AT DHARWAD,
AWARDING THE COMPENSATION OF RS.4,75,723/- WITH INTEREST
AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4017
MFA No. 25636 of 2011
C/W MFA No. 26019 of 2011
JUDGMENT
Heard Sri.S.R.Hegde, learned counsel,
Sri.P.K.Sanningammanavar, learned counsel for the
appellant and Sri.Praveen Y. Devareddiyavar, learned High
Court Government Pleader for respondent Nos.1 to 3.
2. These two appeals arise out of the judgment
and award passed in MVC No.374/2006 dated 14.03.2011
on the file of III Additional Senior Civil Judge and
Additional Motor Accident Claims Tribunal, Dharwad.
3. Brief facts of the case are as under:
Claimant suffered accidental injuries on 17.05.2006
at about 11.15 p.m. on P.B.Road near Sattur Cross, when
he was proceeding from SDM medical college towards
Akashavani Centre involving a car bearing No.KA-01/G-
3517. He was shifted to the hospital and cured with the
injuries.
4. However, he has suffered permanent disability
as is found in the disability certificate issued at Ex.P.14.
Nevertheless, claimant has continued in his service and
NC: 2024:KHC-D:4017
therefore, there cannot be any amount to be awarded on
the head of loss of future income on account of disability.
Therefore, the Government is in appeal for reduction of
quantum of compensation.
5. Claimant is in appeal on the ground of
inadequacy of the compensation.
6. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
7. On such perusal of the material on record, it is
crystal clear that the accidental injuries sustained by the
claimant involving a Government vehicle bearing No.KA-
01/G-3517 stands established by placing necessary oral
and documentary evidence on record.
8. Claimant is working as a Cook Supervisor and
he has continued in the same service, even after the
accident.
9. Taking note of the same, Tribunal ought not to
have awarded sum of Rs.2,52,000/- towards loss of
future income on account of disability.
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10. Hence, there is a scope for reduction of
quantum of compensation which has been granted on the
head of loss of income due to disability. Consequently,
appeal filed by the claimant seeking enhancement of the
compensation needs to be dismissed.
11. Accordingly, following:
ORDER
i. Appeal filed by the Government in MFA
No.26019/2011 is allowed as against sum
of Rs.4,75,723/-, claimant is entitled to a
sum of Rs.2,23,723/- with interest at 6%
p.a. from the date of petition till its
realization.
ii. Appeal filed by the claimant in MFA
No.25636/2011 is dismissed.
Sd/-
JUDGE
KAV
