Karnataka High Court
Sri. Balu @ Balappa S/O Laxman Huggai vs Sri. Annappa S/O Lakshyman Kagalkar on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4184
MFA No. 101962 of 2017
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.101962 OF 2017 (MV-I)
BETWEEN:
SRI. BALU @ BALAPPA S/O. LAXMAN HUGGAI
AGE: 42 YEARS, OCC: AGRICULTURE NOW NIL,
R/O: LAXMI GALLI, VANTAMURI,
TAL: and DIST: BELAGAVI-590010.
...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
1. SRI. ANNAPPA S/O. LAKSHYMAN KAGALKAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: HOUSE NO.213/A,
SHIVABASAV NAGAR, BELAGAVI-590010,
(OWNER OF TATA TIPPER BEARING
NO.KA-25/A-2592)
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
Digitally signed HAVING ITS DIVISIONAL OFFICE AT
by SAMREEN
SAMREEN AYUB
P.B. NO.1568, SITA SMRUTI,
DESHNUR
AYUB Date:
MARUTI GALLI, BELAGAVI-590002,
DESHNUR 2024.02.23 (INSURER OF TATA TIPPER BEARING
16:36:11
+0530 NO.KA-25/A-2592, POLICY
NO.2401003114P10404048025,
VALID FROM 03/09/2014 TO 02/09/2015)
...RESPONDENTS
(BY SMT. NANDINI SOMAPUR, ADVOCATE FOR R2;
R1 SERVED)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DTD:04.02.2017, PASSED IN
MVC.NO.2648/2015 ON THE FILE OF THE X-ADDITIONAL
DISTRICTAND SESSIONS JUDGE AND ADDL. MOTOR ACCIDENTS
CLAIM TRIBUNAL, BELAGAVI, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:4184
MFA No. 101962 of 2017
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Smt.Geetha K. M., learned counsel for the
appellant and Smt.Nandini Somapur, learned counsel for
respondent No.2.
2. Claimant is in appeal challenging the validity of the
judgment and award passed in MVC No.2648/2015 dated
04.02.2017 on the file of X Additional District and Sessions
Judge and Member Additional MACT, Belagavi.
3. Brief facts of the case are as under:
Claimant is in appeal seeking enhanced compensation in
respect of accidental injuries sustained in a road traffic accident
that occurred on 26.06.2015 involving a motorcycle bearing
No.KA-31/E-2126 and TATA Tipper bearing No.KA-25/A-2592.
4. Tribunal, on contest, came to be allowed in a sum
of Rs.5,70,700/- as under:
1. Towards loss of future Rs.4,15,800/-
income
2. Towards pain and suffering Rs.30,000/-
3. Towards medical expenses Rs.85,873/-
NC: 2024:KHC-D:4184
4. Towards Loss of income Rs.14,000/-
during laid off period
5. Towards food nutrition and Rs.25,000/-
attendant charges
TOTAL Rs.5,70,673/-
ROUNDED OFF: Rs.5,70,700/-
5. Being not satisfied with the quantum of
compensation, claimant is in appeal.
6. Smt.Geetha K. M., learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum
vehemently contended that there is a loss of total vision in the
right eye and therefore, disability factor taken by the Tribunal
is incorrect and so also monthly income should have been
reckoned in a sum of Rs.8,000/- as against sum of Rs.7,000/-
and sought for enhanced compensation.
7. Per contra, Smt.Nandini Somapur, learned counsel
for respondent No.2 supports the impugned judgment.
8. Having heard the parties in detail, this Court
perused the material on record meticulously.
NC: 2024:KHC-D:4184
9. On such perusal of the material on record, it is
crystal clear that the claimant has suffered accidental injuries
as referred to supra.
10. Claimant having lost his vision completely in his
right eye, the disability factor taken by the Tribunal is incorrect.
11. As such, instead of enhancing the compensation on
each and every head, if a sum of Rs.3,50,000/- is enhanced
globally, ends of justice would be met.
12. Accordingly, following:
ORDER
i. Appeal is allowed as against sum of Rs.5,70,700/-
claimant is entitled to sum of Rs.9,20,700/- with
interest at 6% p.a. from the date of petition till its
realization.
Sd/-
JUDGE
KAV
