Karnataka High Court
Shakira vs Rajak And Anr on 5 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-K:5638
MFA No. 200047 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.200047 OF 2024 (MV-I)
BETWEEN:
SHAKIRA W/O DAVALASAB HEBBAL,
AGE 30 YEARS, OCC : HOUSEHOLD WORK,
R/O DEVARHPARAGI,
TQ. SINDAGI, DIST : VIJAYAPURA,
NOW RESIDING TA J M ROAD, VIJAYAPURA 586101
...APPELLANT
(BY SRI. KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. RAJAK S/O IMAMSAB MULLA,
Digitally signed AGE 47 YEARS, OCC : BUSINESS,
by SUMITRA
SHERIGAR R/o DEVARHIPPARAGI, TQ SINDAGI,
Location: HIGH DIST : VIJAYAPURA - 586115.
COURT OF
KARNATAKA
2. THE MANAGER LEGAL,
THE IFFCO TOKIO GENERAL INSURANCE CO LTD.,
NO.127, BHAVANI ARCADE, 3RD FLOOR,
306, 307, 309, NEAR OLD BUS STAND,
OPP : BASAVANA NEW COTTON MARKET,
HUBBALLI - 580029.
...RESPONDENTS
(BY SRI. SUDARSHAN M., ADVOCATE for R2
-2-
NC: 2024:KHC-K:5638
MFA No. 200047 of 2024
VIDE ORDER DATED 26.03.2024 NOTICE TO R1 IS DISPENSED
WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
MODIFY THE IMPUGNED JUDGEMENT AND AWARD DATED
07.08.2023 PASSED IN MVC NO.520/2020 ON THE FILE OF THE
COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V, VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.9,96,500/- ONLY AS CLAIMED
BY THE APPELLANTS BEFORE THE HONOURABLE COURT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION 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 claimant is in appeal seeking for enhancement of compensation.
2. The occurrence of the accident is not in dispute and the liability on the Insurer to satisfy the amount payable is also not in dispute.
-3-
NC: 2024:KHC-K:5638 MFA No. 200047 of 2024
3. The Tribunal has awarded a sum of Rs.25,000/- as global compensation and also a sum of Rs.28,500/- towards medical expenses.
4. Learned counsel for the appellant produces a discharge summary - Ex.P.7 which indicates that the petitioner was hospitalized from 12.08.2019 to 18.08.2019. The said discharge summary also indicates that the appellant had undergone an arthroscopy surgery of right articular surface tear and tear as intratendinous delamination.
5. In my view having regard to the fact that the petitioner was hospitalized for a period of six days and he was undergone a surgery and also taking into consideration of her age, it would be appropriate to enhance the global compensation from Rs.25,000/- to Rs.75,000/-. The amount of Rs.28,500/- awarded towards medical expenses is maintained. The claimant would thus be entitled to sum of Rs.1,03,500/- (75,000+28,500) along with interest at -4- NC: 2024:KHC-K:5638 MFA No. 200047 of 2024 the rate of six per cent per annum from the date of petition till its realization.
6. The Insurance Company is directed to deposit the amount of compensation awarded within two months from the date of receipt of a certified copy of this judgment.
7. The entire enhanced amount along with interest shall be disbursed to the claimant forthwith.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA) JUDGE SN List No.: 1 Sl No.: 24