Karnataka High Court
Gajanan S/O Narayan Relekar vs M/S J S Transport Company on 9 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:344
MFA No. 103221 of 2014
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 09TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.103221 OF 2014 (MV-I)
BETWEEN:
SRI GAJANAN S/O. NARAYAN RELEKAR,
AGE: 44 YEARS,
OCC: DRIVER AND AGRICULTURE NOW NIL,
R/O. MUDALAGI, TQ: GOKAK,
DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE.)
AND:
1. M/S. J.S. TRANSPORT COMPANY,
HERO HONDA PAKKI PARKING
TRANSPORT NAGAR,
SECTOR-33, NAHARPUR,
GURAGAON, GURAGAON-HARYANA,
REPRESENTED BY ITS MANAGER.
Digitally signed by
MALLIKARJUN 2. THE DIVISIONAL MANAGER,
RUDRAYYA
KALMATH THE DIVISIONAL OFFICE,
Location: HIGH
COURT OF THE ORIENTAL INSURANCE COMPANY LTD.,
KARNATAKA CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI R.S. ARANI, ADVOCATE FOR R2;
R1-SERVICE OF NOTICE DISPENSED WITH.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO
ENHANCE COMPENSATION BY MODIFYING THE JUDGMENT AND
AWARD PASSED BY PRL. SENIOR CIVIL JUDGE AND MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, GOKAK, IN MVC
-2-
NC: 2025:KHC-D:344
MFA No. 103221 of 2014
NO.2207/2011 DATED 30.12.2013 IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the claimant challenging the
judgment and award dated 30.12.2013, passed by the
Prl. Senior Civil Judge and Addl. MACT, Gokak, in MVC
No.2207/2011, seeking enhancement of compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, injuries sustained by
the claimant, coverage of insurance are not in dispute in this
case.
4. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
"Fracture of shaft of right humourous and
fracture of both bones of right forearm."
NC: 2025:KHC-D:344
5. The tribunal has awarded compensation under
various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 30,000
2. Towards medical expenses 75,578
including hospital charges.
3. Towards food and attendant 3,600
charges.
4. Towards loss of earning during laid 13,500
up period.
5. Towards loss of amenities. 30,000
Total: 1,52,678
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side. The tribunal
has not awarded compensation under the head loss of future
income due to disability. Therefore, the compensation is
required to be reassessed and quantified as under by
modifying the judgment and award.
7. The claimant has sustained the injuries stated
above and the doctor has opined 40% permanent physical
disability to right upper limb. The doctor is the treated
doctor. Therefore, considering this, the tribunal had assessed
the permanent physical disability at 15% to the whole body.
NC: 2025:KHC-D:344
The accident occurred on 22.07.2011. Therefore, notional
income of Rs.6,000/- per month is taken into consideration,
which is recognized by the Karnataka State Legal Service
Authority. The claimant was aged 41 years at the time of
accident. Therefore appropriate applicable multiplier is 14.
Hence, loss of future income due to disability is hereby
assessed and quantified as Rs.1,51,200/- (Rs.6,000/- x 15%
x 12 x 14).
8. Under other heads the compensation awarded by
the tribunal is marginally lesser side. Therefore, globally
enhanced compensation of Rs.30,000/- is awarded towards
other heads.
9. Thus, the claimant is entitled for total enhanced
compensation of Rs.1,81,200/- (Rs.1,51,200 + Rs.30,000),
in addition to Rs.1,52,678/- awarded by the tribunal, along
with interest at the rate of 6% p.a. from the date of filing of
the petition till realization. The Insurance Company is
directed to deposit the compensation within eight weeks
from the date of receipt of a certified copy of this judgment.
NC: 2025:KHC-D:344
10. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
judgment and award dated 30.12.2013, passed
by the Prl. Senior Civil Judge and Addl. MACT,
Gokak, in MVC No.2207/2011, stands modified.
iii) The claimant is entitled for enhanced
compensation of Rs.1,81,200/- along with interest
at the rate of 6% p.a. from the date of petition till
its realization, in addition to Rs.1,52,678/-
awarded by the tribunal.
iv) The claimant is not entitled for interest
for the delayed period of 247 days in filing the
appeal.
v) The insurance company shall deposit
the amount within a period of eight weeks from
the date of receipt of a copy of this judgment.
NC: 2025:KHC-D:344
vi) Send a copy of this judgment and
award to the tribunal.
vii) No order as to costs.
viii) Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: UMD.
