Karnataka High Court
Kumari Shobha D/O Shivalingayya ... vs The Managing Director on 3 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:147
MFA No. 24555 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24555 OF 2011 (MV-I)
BETWEEN:
KUMARI SHOBHA,
D/O. SHIVALINGAYYA SATTURMATH,
AGE: 25 YEARS, OCC: STUDENT,
R/O: VAKKALAGERI ONI,
NEAR GELIYARA BALAGA ONI,
GADAG.
...APPELLANT
(BY SMT. ANURADHA DESHPANDE, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
AND ITS SELF INSURANCE FUND,
NWKRTC, GOKUL ROAD,
HUBLI.
Digitally ...RESPONDENT
signed by
BHARATHI H (BY SMT. VEENA HEGDE, ADVOCATE)
BHARATHI M
HM Date:
2024.01.22
16:30:39
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
+0530
SECTION 173(1) OF M.V. ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 26/02/2011, PASSED IN M.V.C.
NO.176/2003 ON THE FILE OF THE DISTRICT JUDGE AND
MEMBER, MACT, GADAG, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:147
MFA No. 24555 of 2011
JUDGMENT
Heard learned counsels Smt. Anuradha Deshpande
and Smt. Veena Hegde for the parties.
2. Present appeal is filed for seeking enhancement of
compensation, by the claimant, challenging the judgment
and award passed in MVC No.176/2003 dated 26.02.2011.
3. Facts in brief for disposal of the appeal are as under:
3.1 Claimant was a student of First PUC proceeding on
bicycle. A that juncture, a KSRTC Bus bearing No.KA-31/F-
340 came from the opposite side on 08.07.2003 near
KVSR college and dashed against her whereby she fell
down and sustained grievous injuries. She was shifted to
Government Hospital Gadag and for higher treatment she
was taken to KIMS Hospital Hubballi wherein she was
inpatient for a period of 9 days from 08.07.2003 to
17.07.2003. She has been treated in the KIMS hospital
Hubballi and she was cured of the injuries.
NC: 2024:KHC-D:147
4. Ex.P.14 is the disability certificate wherein the doctor
has opined that the injured has sustained disability to the
extent of 18% to 20% to the whole body. PW.4 is
Panchaxarappa Maragi who worked as specialist in the
District Hospital Gadag, he has stated that because of
disability suffered by the claimant, her future prospects
has been put to jeopardy.
5. Taking note of the material evidence placed on
record, as the law existed then, learned trial judge has
allowed the compensation in a sum of Rs.1,00,796/- with
interest at 6% per annum.
6. No further evidence is forthcoming on record as to
what is the present status of the claimant.
7. At the time of the accident, she was aged about 16
years according to the counsel for appellant. If that is so,
she must be 37 years as of now and she would have been
married and settled in the life.
NC: 2024:KHC-D:147
8. However, taking note of the fact that there was a
disability to the extent of 18 to 20% to the whole body,
tribunal has assessed the disability at 15%. As such,
enhancing the compensation by another sum of
Rs.50,000/- globally with interest to be paid from the date
of petition till realization would meet the ends of justice
without further discussion on the merits of matter.
9. Accordingly, the following:-
ORDER
i) Appeal is allowed in part.
ii) As against compensation amount of
Rs.1,79,000/-, claimant would be entitled to
Rs.1,50,796/- with interest at 6% from the
date of petition till realization.
iii) The balance amount shall be deposited by
the KSRTC within a period of 6 weeks from
today.
Sd/-
JUDGE
HMB
