Karnataka High Court
Mohan Upendra Achari vs The Divisional Controller on 7 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC-D:7670
RP No. 100061 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REVIEW PETITION NO. 100061 OF 2024
IN M.F.A.No.21297 OF 2012
BETWEEN:
MOHAN UPENDRA ACHARI,
AGE 44 YEARS,
OCC.: CARPENTER,
R/O. MANJUGUNI,
TQ. SIRSI, DISTRICT:U.K. - 581 402.
...PETITIONER
(BY SRI. SHASHANK S HEGDE., ADVOCATE AND
SMT.PREETI SHASHANK, ADVOCATE)
AND:
THE DIVISION CONTROLLER,
N.W.K.R.T.C. SIRSI DIVISION,
SIRSI,
Digitally signed by
BASAVARAJU PAVITHRA
R/BY RESPONDENT NO.2
Location: HIGH COURT BEFORE THE TRIBUNAL,
OF KARNATAKA
MANAGING DIRECTOR,
N.W.K.R.T.C. CENTRAL OFFICE,
GOKUL ROAD, HUBBLI,
AUTHORISED BY CHIEF LAW OFFICER,
N.W.K.R.T.C.
CENTRAL OFFICER,
HUBBALLI - 580 029.
...RESPONDENT
(BY SRI.MADANMOHAN M KHANNUR, ADVOCATE)
-2-
NC: 2024:KHC-D:7670
RP No. 100061 of 2024
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
READ WITH SECTION 151 OF CPC, AND UNDER SECTION 173(1) OF
THE MOTOR VEHICLE ACT, PRAYING TO REVIEW JUDGMENT DATED
22.08.2023 PASSED BY THIS HONBLE COURT IN MFA
NO.21297/2012 ON THE FILE OF THIS HONBLE COURT IN THE
INTEREST OF JUSTICE AND ENHANCE THE COMPENSATION UNDER
THE HEAD MEDICAL EXPENSES BY CONSIDERING THE BILLS
PRODUCED BY THE PETITIONER BEFORE THE TRIBUNAL IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This review petition is filed for reviewing the
order dated 22.08.2023 passed by this Court in
MFA No.21297/2012 c/w MFA CROB.100123/2014.
2. The only ground for seeking review of the
judgment is that the compensation awarded under the
head "Medical expenses and hospital charges", is on the
lesser side as it is contrary to the medical expenditure bills
produced by petitioner/claimant.
3. This Court has granted compensation towards
'medical expenses and hospital charges' at Rs.27,100/-.
NC: 2024:KHC-D:7670
The claimants have produced medical expenses bills as per
Exhibits P7 to P41 amounting to Rs.67,044/-. Hence,
there is an error apparent on the face of the record.
Therefore, the impugned judgment needs to be reviewed
by making correction in the judgment dated 22.08.2023
by awarding a sum of Rs.67,044/- towards medical
expenditure and hospitalization charges. Accordingly, the
compensation is re-calculated as follows:
Sl.No. Particulars Amount (Rs.)
1. Towards loss of future 1,05,600-00
income due to disability
2. Towards medical expenses, 67,044-00
3. Towards attendant 10,000-00
conveyance charges, food,
diet etc,
4. Towards loss of amenities 30,000-00
5. Towards loss of income 11,000-00
during laid up period
6. Towards pain and suffering 40,000-00
TOTAL 2,63,644-00
NC: 2024:KHC-D:7670
4. Accordingly, I pass the following:
ORDER
i) Review Petition is allowed;
ii) The judgment dated 22.08.2023 passed by
this Court in MFA No.21297/2012 c/w
MFA Crob.No.100123/2014 is reviewed and
modified by awarding a total compensation of
Rs.2,63,644/- as against a sum of
Rs.2,23,700/- with interest at the rate of 6%
p.a., from the date of petition till the date of
realization; and
iii) The other portion of the judgment dated
22.08.2023 in MFA No.21297/2012 c/w MFA
Crob.No.100123/2014 shall remain
undisturbed.
Sd/-
JUDGE
YN
