Karnataka High Court
United India Insurance Co Ltd vs Shri. Amrut Parasappa Hosamani on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:624
MFA No. 103318 of 2018
C/W MFA.CROB No. 100114 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.103318 OF 2018 (MV-I)
C/W.
MFA CROSS OBJ NO.100114 OF 2022
IN M. F. A. NO.103318 OF 2018:
BETWEEN:
UNITED INDIA INSURANCE CO. LTD.,
BY ITS SR.DIVISIONAL MANAGER,
HAVING DIVISIONAL OFFICE AT
MARUTI GALLI, BELAGAVI.
...APPELLANT
(BY SRI. RAVINDRA R.MANE, ADVOCATE)
AND:
1. SHRI. AMRUT PARASAPPA HOSAMANI,
AGE:57 YEARS, OCC:POLICE HEAD CONSTABLE,
R/O: POLICE QUARTERS, TAL: KHANAPUR,
BHARATHI DIST:BELAGAVI-591302.
HM
2. SHRI. SANJAY G.CHAVAN,
Digitally signed by
BHARATHI H M AGE:MAJOR, OCC: BUSINESS,
Date: 2024.01.23 R/O: KASABA NANDAGAD,
16:36:46 +0530
TAL:KHANAPUR, DIST:BELAGAVI-591120.
(OWNER OF TEMPO TRAX BEARING
NO.KA-24/M-0536)
...RESPONDENTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE FOR R1;
R2 DISPENSED WITH)
THE MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 28.03.2018 PASSED IN MVC
NO.2829/2009 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT
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NC: 2024:KHC-D:624
MFA No. 103318 of 2018
C/W MFA.CROB No. 100114 of 2022
CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE, KHANAPUR,
AWARDING COMPENSATION OF Rs.2,68,200/- WITH INTEREST AT
9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
IN MFA CROSS OBJ NO.100114 OF 2022:
BETWEEN:
SHRI. AMRUT PARASAPPA HOSAMANI,
AGE: 59 YEARS, OCC: POLICE HEAD CONSTABLE,
R/O: POLICE QUARTERS, TAL: KHANAPUR,
DIST: BELAGAVI-591302.
...APPELLANT
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
1. SHRI. SANJAY G.CHAVAN,
AGE:MAJOR, OCC: BUSINESS,
R/O: KASABA NANDAGAD,
TAL: KHANAPUR, DIST:BELAGAVI-591120.
(OWNER OF TEMPO TRAX BEARING NO.KA-24/M/-0536)
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
BY ITS SR.DIVISIONAL MANAGER,
HAVING DIVISIONAL OFFICE AT
MARUTI GALLI, BELAGAVI-590001.
(INSURER OF THE TEMPO TRAX BEARING NO.KA24/M
0536 POLICY NO.240181/31/01/00002852
VALID FROM 26/01/2009 TO 25/01/2010)
...RESPONDENTS
(BY SRI. RAVINDRA R.MANE, ADVOCATE FOR R2;
R2 DISPENSED WITH)
THE MFA.CROB IN MFA NO.103318/2018 FILED UNDER ORDER
41 RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST
THE JUDGMENT AND AWARD DATED 28.03.2018 PASSED IN MVC
NO.2829/2009 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE, KHANAPUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:624
MFA No. 103318 of 2018
C/W MFA.CROB No. 100114 of 2022
THESE MISCELLANEOUS FIRST APPEAL AND MFA CROSS OBJ,
COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
JUDGMENT
Though the matters are listed for admission, by consent
of parties, matters are taken up for final disposal.
2. Heard Shri. R. R. Mane, learned counsel for the
Insurance Company and Smt. Geetha K.M. @ Pawar, learned
counsel for claimant.
3. In respect of road traffic accident occurred on
18.08.2009 at about 1.30 p.m., involving the motor cycle
bearing registration No.KA-32/V-7532, the first respondent
Amrut Hosamani filed a claim petition in MVC No.2829/2009
admittedly the claimant was working as Head Constable and
suffered facial injuries in the accident.
4. The claim petition is resisted by the Insurance
Company by filing necessary written statement.
5. The Tribunal after taking note of all relevant
evidence placed on record, allowed the compensation in a sum
of Rs.2,68,200/-.
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C/W MFA.CROB No. 100114 of 2022
6. Being aggrieved by the same, the Insurance
Company is in appeal and the claimant has also filed cross
objection for enhancement of compensation.
7. Shri. R. R. Mane, learned counsel representing the
Insurance Company contended that the claimant was working
as a Head Constable and subsequently he has been promoted
as Assistant Sub Inspector which is not in dispute and
therefore, award of the compensation of loss of future income
to the extent of Rs.1,87,200/- is to be deducted from the
adjudged compensation amount and sought for allowing the
appeal to that extent.
8. Whereas, Smt. Geetha K.M. @ Pawar, learned
counsel for claimant, not only supported the impugned
judgment but also sought for enhancement of the
compensation on the ground that the award of compensation
on the head of pain, shock and sufferings is on the lower side
and so also loss of amenities having regard to the accidental
injuries. On the head of extra diet charges and conveyance a
sum of Rs.4000/- awarded is on the lower side and sought for
enhancement.
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C/W MFA.CROB No. 100114 of 2022
9. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
10. On such perusal of the material on record, it is
crystal clear that the claimant has suffered facial injuries as is
described in the wound certificate and medical records.
11. Admittedly the claimant was working as a Head
Constable and he has been promoted as Assistant Sub
Inspector and therefore, grant of compensation on the head of
loss of future income needs to be deducted from the adjudged
compensation as is rightly contended on behalf of the
Insurance Company.
12. Further, on the ground of pain, shock and
sufferings, loss of amenities, extra diet charges and
conveyance, the claimant would be entitled for enhancement in
a sum of Rs.20,000/-. So also on the head of extra diet
charges and conveyance, the claimant is entitled for
enhancement of Rs.10,000/-. In other heads the claimant
would entitled for enhancement of Rs.50,000/-.
13. Thus, while deducting the compensation on the
head of loss of future income in a sum of Rs.1,87,200/-,
claimant should be entitled to enhancement of Rs.50,000/-.
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C/W MFA.CROB No. 100114 of 2022
14. Thus, in all, if a sum of Rs.1,37,200/- is deducted
from the sum of Rs.2,68,200/-, it would meet the ends of
justice.
15. Accordingly, the following order is passed:
ORDER
(i) Appeal and cross objections are disposed
off.
(ii) As against the adjudged compensation in a
sum of Rs.2,68,200/-, the claimant would be entitled
to a sum of Rs.1,31,000/- with interest at the rate of
9% per annum.
(iii) Amount in deposit is ordered to be
transmitted to the Tribunal.
(iv) Ordered accordingly.
Sd/-
JUDGE
SMM
