Karnataka High Court
Jamalasab S/O.Hussainsab Chalageri vs The Managing Director on 9 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:350
MFA No. 101685 of 2014
C/W MFA No. 101680 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.101685 OF 2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.101680 OF 2014
IN M.F.A. NO.101685 OF 2014
BETWEEN:
SRI JAMALASAB
S/O. HUSSAINSAB CHALAGERI,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. KUDAPALI, TQ. HIREKERUR,
DIST: HAVERI.
...APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
KSRTC, NORTH WEST DIVISION,
Digitally signed by
MALLIKARJUN HOSUR GOKUL ROAD, HUBLI,
RUDRAYYA
KALMATH DIST: DHARWAD.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI I.C. PATIL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 29.06.2012 PASSED IN MVC
NO.72/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
HIREKERURU AND ETC.,
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NC: 2025:KHC-D:350
MFA No. 101685 of 2014
C/W MFA No. 101680 of 2014
IN M.F.A. NO.101680 OF 2014
BETWEEN:
SRI JAYAPPA
S/O. NAGENDRAPPA KUDIKER,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. KUDAPALI, TQ: HIREKERUR,
DIST: HAVERI.
...APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
KSRTC, NORTH WEST DIVISION,
HOSUR GOKUL ROAD, HUBLI,
DIST: DHARWAD.
...RESPONDENT
(BY SRI I.C. PATIL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 29.06.2012 PASSED IN MVC NO.70/2011 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIREKERURU AND
ETC.,
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101685 of 2014
C/W MFA No. 101680 of 2014
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
These appeals are directed against common
judgment and award dated 29.06.2012 passed in MVC
Nos.72 & 70 of 2011 on the file of Senior Civil Judge and
JMFC, Hirekerur (for short, 'Tribunal').
2. MFA No.101685/2014 (MVC No.72/2011) and
MFA No.101680/2014 (MVC No.70/2011) are filed by the
claimants/injured, seeking enhancement of compensation
for the accidental injuries sustained by them in a road
traffic accident.
3. Brief facts leading to filing of these appeals are
that on 10.12.2007 at about 6.45 p.m., the
appellants/claimants were travelling in KSRTC bus bearing
registration No.KA.27/F-23 from Ranebennur to Kudupali
village as authorized passengers. Driver of the bus
stopped bus at Harogoppa village to get down the
passengers. At that time, one KSRTC bus bearing
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registration No.KA-27/F-119 came from hind side driven
by its driver in a high speed without following traffic rules
and dashed bus bearing registration No.KA-27/F-23, which
was parked at left side of road. Due to the said accident,
the claimants have sustained grievous injuries to all over
the body and fractures as per their wound certificates.
4. Heard the arguments and perused the material
placed before the Court.
5. In these cases, from the medical evidence on
record it is proved that the claimant in MFA
No.101685/2014 (MVC No.72/2011) had suffered the
following injuries:
"There is a wasting of leg muscles seen, there
is tenderness over the ankle joint line and over
the talus bone which is thickened and united,
there is a grade 4/5 muscle power in the ankle
dorsiflexors, plantar flexors is up to 20 both are
painfully moderately restricted."
6. The Tribunal has awarded compensation under
various heads as under:
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Sl. Heads. Amount in
No. (Rs.)
1. Loss of future income. 80,640
2. Other simple injuries. 10,000
3. Medical expenses 10,000
4. Transportation and attendant 5,000
charges
5. Pain and suffering 15,000
6. Food and nourishment 10,000
7. Loss of income during laid up 5,000
period
Total 1,35,640
7. Considering the injuries sustained by the
claimant, the compensation awarded by the Tribunal under
various heads is on lower side. Therefore, it is just and
proper to award enhanced global compensation of
Rs.45,000/-, in addition to what has been awarded by the
Tribunal, along with interest at the rate of 6% p.a. from
the date of petition till the date of realization.
8. The Insurance Company is directed to deposit
the compensation within a period of six weeks from the
date of receipt of a certified copy of this judgment.
9. In these cases, from the medical evidence on
record it is proved that the claimant in MFA
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No.101680/2014 (MVC No.70/2011) had suffered the
following injuries.
"Tenderness present over the ribs on left side
of 4-10 region.
Tenderness present over L-1, L-5 region."
10. The Tribunal has awarded compensation under
various heads as under:
Sl. Heads Amount in
No. (Rs.)
1. Loss of future income. 43,200
2. Medical expenses 10,000
3. Transportation and attendant 5,000
charges
4. Pain and suffering 20,000
5. Food and nourishment 10,000
6. Loss of income during laid up period 5,000
Total 93,200
11. Considering the injuries sustained by the
claimant, the compensation awarded by the Tribunal under
various heads is on lower side. Therefore, it is just and
proper to award enhanced global compensation of
Rs.45,000/- in addition to what has been awarded by the
Tribunal, along with interest at the rate of 6% p.a. from
the date of petition till the date of realization.
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12. The Insurance Company is directed to deposit
the compensation within a period of six weeks from the
date of receipt of a certified copy of this judgment.
13. In the result, I proceed to pass the following:
ORDER
i) Both the appeals are allowed in
part.
ii) The common judgment and awards
dated 29.06.2012 passed in MVC Nos.72
& 70 of 2011 on the file of Senior Civil
Judge and JMFC, Hirekerur, stand
modified.
iii) The claimant in MFA
No.101685/2014 (MVC No.72/2011) is
entitled for enhanced global compensation
of Rs.45,000/-, in addition to what has
been awarded by the Tribunal along with
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interest at the rate of 6% p.a. from the
date of petition till its realization.
iv) The claimant in MFA
No.101680/2014 (MVC No.70/2011) is
entitled for enhanced global compensation
of Rs.45,000/- in addition to what has
been awarded by the Tribunal along with
interest at the rate of 6% p.a. from the
date of petition till its realization.
v) The insurance company shall deposit
the amount within a period of six weeks
from the date of receipt of a copy of this
judgment.
vi) Send back the Trial Court records
along with a copy of this judgment to the
Tribunal.
vii) No order as to costs.
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viii) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP
