Chandrakanth S/O Sharanappa Hadpad vs Mohd Dourakhan And Anr
2024 Latest Caselaw 19163 Kant

Karnataka High Court

Chandrakanth S/O Sharanappa Hadpad vs Mohd Dourakhan And Anr on 31 July, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                             -1-
                                                        NC: 2024:KHC-K:5490
                                                    MFA No. 201169 of 2017




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                           DATED THIS THE 31ST DAY OF JULY, 2024

                                           BEFORE

                         THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                        MISCL. FIRST APPEAL NO.201169 OF 2017 (MV-I)

                   BETWEEN:

                   CHANDRAKANTH S/O SHARANAPPA HADPAD,
                   AGE ABOUT 40 YEARS, OCC: TEACHER,
                   GOVT. HIGH SCHOOL, MANTHAL,
                   R/O. SHIVANANAGAR, SOUTH BIDAR,
                   NOW RESIDING AT VILLAGE MANTHAL,
                   TQ: BASAVAKALYAN, DIST: BIDAR.
                                                                ...APPELLANT
                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

                   AND:

                   1.   MOHD. DOURAKHAN
                        S/O MOHD. DILVARKHAN PATHAN,
Digitally signed
                        AGE: 58 YEARS, OCC: NEKRTC DRIVER
by RENUKA               BUS BEARING NO.KA-32/F-1244,
Location: HIGH          HUMNABAD DEPOT,
COURT OF                R/O. BIBIGALLI, HUMNABAD-585330,
KARNATAKA
                        DIST: BIDAR.

                   2.   THE MANAGING DIRECTOR,
                        NEKRTC, SARIGE SADAN, KALABURAGI,
                        (CONTROLLING AUTHORITY NEKRTC
                        BUS NO.KA-32/F-1244)
                                                              ...RESPONDENTS

                   (NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
                   27.07.2017; SMT. RATNA N. SHIVAYOGIMATH, ADV. FOR R2)
                                -2-
                                             NC: 2024:KHC-K:5490
                                        MFA No. 201169 of 2017




    THIS MFA IS FILED U/S. 173(1) OF M.V.ACT PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 08.02.2016
PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT AT
BASAVAKALAYN IN M.V.C.NO.482/2014 BY ENHANCING THE
COMPENSATION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

The appeal is by the claimant seeking for enhancement

for the fracture of the left patella. The Tribunal has awarded a

sum of `1,14,000/-.

2. The accident is not in dispute and the liability of the

second respondent to pay the compensation is also not in

dispute.

3. In my view, having regard to the age of the

claimant and the number of days that he was hospitalized and

also the injury suffered by the claimant, it would be appropriate

to enhance the compensation awarded globally by a further

sum of `25,000/-. Accordingly, the claimant would be entitled

to a sum of `1,39,000/- (`1,14,000/- + `25,000/-).

Appeal is accordingly disposed of.

NC: 2024:KHC-K:5490

Two weeks' time is granted to the learned counsel

Smt.Ratna N.Shivayogimath, to file Vakalath for respondent

No.2.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

SN

CT: VD