Karnataka High Court
Sri J T Rajegowda vs Swamy on 28 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:24032
MFA No. 5367 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.5367 OF 2013 (MV)
BETWEEN:
SRI J.T.RAJEGOWDA
S/O.THIMMEGOWDA
AGED ABOUT 29 YEARS
JUTTANAHALLI VILLAGE
HONAKERE HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT-571 401
...APPELLANT
(BY SMT.DHANALAKSHMI K., ADVOCATE)
AND:
1. SWAMY
S/O.LATE MARISWAMY
R/AT NO.887, SUGAR TOWN
MANDYA-571 401
Digitally signed 2. BRANCH MANAGER
by SUMITHRA R
Location: HIGH THE ORIENTAL INSURANCE CO.LTD.
COURT OF
KARNATAKA CITY BRANCH OFFICE-2
CHAMARAJA DOUBLE ROAD
MYSURU-24
...RESPONDENTS
(BY SRI M.U.POONACHA, ADVOCATE FOR R-2;
NOTICE TO R-1 IS DISPENSED V/O.DATED 22.04.2014)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MV ACT PRAYING TO SET-ASIDE THE
JUDGMENT AND AWARD DATED 16.03.2013 PASSED IN MVC
NO.34/2010 (OLD NO.603/2010) BY THE SENIOR CIVIL JUDGE,
MEMBER, MACT, NAGAMANGALA.
-2-
NC: 2024:KHC:24032
MFA No. 5367 of 2013
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the appellant-claimant
challenging the judgment and award dated 16.03.2013
passed in MVC.No.34/2010 (Old No.603/2010) by the
Senior Civil Judge and Member, MACT, Nagamangala,
seeking enhancement of compensation.
2. The factum of accident is not in dispute.
3. Heard the arguments from both sides and perused
the records.
4. The Tribunal has awarded compensation under
various heads as follows:
Heads Amount in Rs.
Pain and agony 10,000-00
Medical expenses 1,700-00
Food, diet and conveyance and
incidental charges 2,000-00
Attendant charges 800-00
Loss of income during laid up period 1,600-00
Loss of amenities and discomfort 5,000-00
Loss of income due to disability 97,920-00
Loss of future prospects in life 5,000-00
TOTAL 1,24,020-00
NC: 2024:KHC:24032
5. From the medical evidence on record, it is seen
that the claimant sustained following injuries:
i) Cut lacerated wound of about 6 x 1 cms and
2 x 1 cms superficial in nature noted over neck
and right side of mandible region;
ii) Right upper limb - swelling, crepitus and
paintful movements lower 1/3rd of forearm.
The Doctor has assessed the disability of 25% to the
right hand.
6. In view of the above, considering the nature of
injuries sustained by the claimant, it is just and proper to
award additional global compensation of Rs.50,000/-
along with interest at the rate of 6% per annum from the
date of petition till realisation, in addition to what has been
awarded by the Tribunal. Accordingly, I proceed to pass
the following:
ORDER
i) The appeal is allowed-in-part;
ii) The impugned judgment and award dated
16.03.2013 in MVC.No.34/2010 (Old
NC: 2024:KHC:24032
No.603/2010) passed by the Senior Civil Judge
and Member, MACT, Nagamangala, is hereby
modified to the extent that the appellant-claimant
is entitled to additional global compensation of
Rs.50,000/- along with interest at the rate of 6%
per annum from the date of petition till realisation,
in addition to what has been awarded by the
Tribunal;
iii) No order as to costs;
iv) Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith;
v) The entire amount shall be released in favour of
the appellant-claimant;
vi) Draw award accordingly.
Sd/-
JUDGE
LB
