Karnataka High Court
Shri.Ramesh Shankar Naik vs Sri.K Abhayachandra on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4183
MFA No. 103105 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.103105 OF 2016 (MV-I)
BETWEEN:
SHRI. RAMESH SHANKAR NAIK,
AGED ABOUT 26 YEARS,
R/O: KPC COLONY, KADRA,
TQ: KARWAR, PIN CODE: 581396.
...APPELLANT
(BY MISS. GAYATRI S.R., ADVOCATE FOR
SRI. T.M. NADAF, ADVOCATE)
AND:
1. SRI. K. ABHAYACHANDRA
S/O. M. K ANANTRAJ,
AGE: 61 YEARS, OCC: BUSINESS,
R/O: SUGAMA TOURIST,
NO.513, 8TH BLOCK, OPP POST,
POST OFFICE, KORAMANGALA,
BENGALURU, PIN CODE: 560034.
Digitally (REG. OWNER OF PRIVATE BUS
signed by
SAMREEN NO.KA 01/C-1561)
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.23 2. NATIONAL INSURANCE CO. LTD.,
16:36:51
+0530 DIVISIONAL OFFICE, SUJATA COMPLEX,
P.B. ROAD, HUBBALLI, PIN CODOE: 580020.
BY ITS DIVISIONAL MANAGER.
...RESPONDENTS
(BY SRI. N.R. KUPPELLUR, ADVOCATE FOR R2;
R1 NOTICE DISPENSED WITH)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DTD:18.04.2016, PASSED IN
MVC.NO.93/2011 ON THE FILE OF THE MEMBER, II-ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, KARWAR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:4183
MFA No. 103105 of 2016
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Miss.Gayatri S. R., learned counsel appearing on
behalf of Sri.T.M.Nadaf, learned counsel for the appellant
and Sri.N.R.Kuppelur, learned counsel for respondent
No.2.
2. Appeal is filed by the claimant challenging the
validity of the judgment and award passed in MVC
No.93/2011 dated 18.04.2016 on the file of II Additional
MACT, Karwar.
3. Brief facts of the case are as under:
Claimant being the injured suffered accidental
injuries on 10.05.2021 being a passenger of the bus
bearing No.KA-01/C-1561. He was shifted to Kasturba
Medical Hospital and treated there. Therefore, he sought
for enhanced compensation.
NC: 2024:KHC-D:4183
4. Claim petition was resisted by filing detailed
written statement.
5. Tribunal, on contest, allowed the claim petition
in part and awarded the compensation in a sum of
Rs.4,76,582/- as under:
1. Towards pain and suffering Rs.40,000/-
2. Towards loss of amenities Rs.20,000/-
and future discomfort
3. Attendant and diet Rs.15,000/-
4. Conveyance Rs.15,000/-
5. Loss of income due to Rs.1,62,000/-
disability
6. Medical bills Rs.2,24,582/-
TOTAL Rs.4,76,582/-
6. Being not satisfied with the quantum of
compensation, claimant is in appeal.
7. Miss.Gayatri S. R., learned counsel appearing
on behalf of Sri.T.M.Nadaf, learned counsel for the
appellant reiterating the grounds urged in the appeal
memorandum vehemently contended that on the head of
attendant and diet charges, loss of income due to disability
NC: 2024:KHC-D:4183
and also on the head of conveyance, the compensation
awarded is on the lower side and sought for enhanced
compensation.
8. Sri.N.R.Kuppelur, learned counsel for
respondent No.2 supports the impugned judgment.
9. Having heard the parties in detail, this Court
perused the material on record meticulously.
10. On such perusal of the material on record,
accidental injuries sustained by the claimant stands
established by placing necessary oral and documentary
evidence on record including the disability.
11. However, on the head of loss of amenities and
future discomfort only Rs.20,000/- is granted so also on
the head of pain and suffering only Rs.40,000/- is granted.
Monthly income is to be reckoned in a sum of Rs.6,000/-
for the accidental injuries of the year 2011 were as the
Tribunal has considered Rs.5,000/-. Therefore, on the
NC: 2024:KHC-D:4183
head of loss of income due to disability, there is a scope
for enhanced compensation.
12. Instead of enhancing the compensation on each
and every head if a sum of Rs.75,000/- is enhanced
globally, ends of justice would be met.
13. Accordingly, following:
ORDER
i. Appeal is allowed in part as against sum
of Rs.4,76,582/-, claimant is entitled to a
sum of Rs.5,51,582/- with interest at 6%
p.a. from the date of petition till its
realization.
Sd/-
JUDGE
KAV
