Karnataka High Court
The Divisional Manager vs Hanumavva W/O Fakkirappa Ritti on 8 April, 2022
Author: N.S. Sanjay Gowda
Bench: N.S. Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8 T H DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA
MFA No.103655/2017 (MV-I)
C/w. MFA Nos. 101208/2017, 103656/2017,
103657 OF 2017, 103658 OF 2017, 103659 OF 2017,
103660 OF 2017, 103661 OF 2017, 103662 OF 2017,
103663 OF 2017, 103664 OF 2017, 103665 OF 2017,
103666 OF 2017, 103667 OF 2017, 103668 OF 2017,
103669 OF 2017, 103670 OF 2017 & 103671 OF 2017
MFA Crob. Nos.100005 OF 2020, 100006 OF 2020,
100007 OF 2020, 100008 OF 2020, 100009 OF 2020,
100010 OF 2020, 100011 OF 2020, 100012 OF 2020,
100013 OF 2020, 100014 OF 2020, 100015 OF 2020,
100016 OF 2020, 100017 OF 2020, 100018 OF 2020,
100019 OF 2020, 100020 OF 2020 & 100021 OF 2020
IN MFA NO.103655 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Digitally
signed by J
Rep. by Chief Law Officer,
MAMATHA NWKRTC, Central Office, Hubballi-580021.
Location:
J
MAMATHA Dharwad
... Appellant
Date: (By Shri S.L. Matti, Advocate)
2022.04.20
11:11:01
+0530
And:
Jyoti D/o. Shekhappa Lamani,
Age 17 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
since minor rep. by her father as a
minor guardian, Shri Shekhappa Lamani,
-2-
MFA No. 103655 of 2017
& Connected matters
&C
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.264/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.35,000/- along with interest at the rate of 6% p.a. from the date
of petition till realization.
IN MFA NO. 101208 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Smt. Paravva W/o. Shivappa Lamani,
Age 32 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.269/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.65,000/- along with interest at the rate of 6% p.a. from the date
of petition till realization.
IN MFA NO. 103656 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
-3-
MFA No. 103655 of 2017
& Connected matters
&C
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Deelipa D/o. Narayan Lamani,
Age 30 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.265/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,23,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103657 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Puttavva W/o. Mudakappa Ritti,
Age 46 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.266/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
-4-
MFA No. 103655 of 2017
& Connected matters
&C
Rs.1,00,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103658 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Channappa S/o. Fakkirappa Lamani,
Age 17 years, Occ: Nil, since minor rep. by
His father as a minor guardian,
Shri Fakkirappa S/o. Chandappa Lamani,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.267/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,50,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103659 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Nemanna S/o. Hanumantappa Lamani,
-5-
MFA No. 103655 of 2017
& Connected matters
&C
Age 34 years, occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.268/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,10,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103660 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Gangavva D/o. Shantappa Lamani,
Age 57 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.270/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.40,000/- along with interest at the rate of 6% p.a. from the date
of petition till realization.
IN MFA NO. 103661 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
-6-
MFA No. 103655 of 2017
& Connected matters
&C
Rep. by Chief Law Officer,
NWKRTC, Central Office,
Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Chavalavva D/o. Burmappa Lamani,
Age 46 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.271/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,00,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103662 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Shempoornavva D/o. Puttappa Lamani,
Age 20 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.272/2015 on the file of the Senior Civil Judge and Judicial
-7-
MFA No. 103655 of 2017
& Connected matters
&C
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,27,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103663 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Hussainsab S/o. Rajesab Hanagi,
Age 44 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.273/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,21,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103664 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Sanju S/o. Shivappa Lamani,
Age 17 years, Occ: Nil, since minor rep. by
-8-
MFA No. 103655 of 2017
& Connected matters
&C
His father as a minor guardian,
Shri Shivappa S/o. Shantappa Lamani,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.274/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.50,000/- along with interest at the rate of 6% p.a. from the date
of petition till realization.
IN MFA NO. 103665 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Puttavva W/o. Somanna Lamani,
Age 42 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.275/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,51,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103666 OF 2017:
Between:
The Divisional Manager,
-9-
MFA No. 103655 of 2017
& Connected matters
&C
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Ravi S/o. Putappa Sanklipur,
Age 26 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.276/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,23,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103667 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Hanumavva W/o. Fakkirappa Ritti,
Age 54 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.277/2015 on the file of the Senior Civil Judge and Judicial
- 10 -
MFA No. 103655 of 2017
& Connected matters
&C
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,44,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103668 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Madarsab S/o. Hussainsab Hanagi,
Age 20 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.278/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,30,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103669 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Ratnavva W/o. Deelap Lamani,
Age 32 years, Occ: Nil,
- 11 -
MFA No. 103655 of 2017
& Connected matters
&C
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.279/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,04,000/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA NO. 103670 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Savakka W/o. Basasppa Ritti
Age 47 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.280/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.25,000/- along with interest at the rate of 6% p.a. from the date
of petition till realization.
IN MFA NO. 103671 OF 2017:
Between:
The Divisional Manager,
NWKRTC, Gadag Division, Gadag,
Rep. by Chief Law Officer,
- 12 -
MFA No. 103655 of 2017
& Connected matters
&C
NWKRTC, Central Office, Hubballi-580021.
... Appellant
(By Shri S.L. Matti, Advocate)
And:
Channavva W/o. Neelappa Lamani,
Age 37 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now R/at Gandhinagar, Byadagi-581106.
... Respondent
(By Shri Hanumanthareddy Sahukar, Advocate)
This MFA is filed under Section 173(1) of M.V. Act, against
the judgment & award dated 16.12.2016, passed in MVC
No.281/2015 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Byadgi, awarding the compensation of
Rs.1,47,500/- along with interest at the rate of 6% p.a. from the
date of petition till realization.
IN MFA Crob. NO.100005 OF 2020:
Between:
Deelipa D/o. Narayan Lamani,
Age 30 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur,
Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103656/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.265/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
- 13 -
MFA No. 103655 of 2017
& Connected matters
&C
IN MFA Crob. NO.100006 OF 2020:
Between:
Smt. Puttavva W/o. Mudukappa Ritti,
Age 49 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur,
Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103657/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.266/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100007 OF 2020:
Between:
Sri. Nemanna S/o. Hanumanthappa Lamani,
Age 37 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
- 14 -
MFA No. 103655 of 2017
& Connected matters
&C
This MFA Crob. in MFA No.103659/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.268/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100008 OF 2020:
Between:
Smt. Paravva W/o. Shivappa Lamani,
Age 35 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.1012018/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.269/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100009 OF 2020:
Between:
Smt. Gangavva D/o. Shantappa Lamani,
Age 60 years, Occ: coolie & animal husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
- 15 -
MFA No. 103655 of 2017
& Connected matters
&C
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103660/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.270/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100010 OF 2020:
Between:
Smt. Chavalavva D/o. Bharamappa Lamani,
Age 37 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103661/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.271/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100011 OF 2020:
Between:
Smt. Shempoornavva D/o. Puttappa Lamani,
Age 23 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
- 16 -
MFA No. 103655 of 2017
& Connected matters
&C
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103662/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.272/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100012 OF 2020:
Between:
Sri. Husensab S/o.Rajesab Hanagi,
Age 37 years, Occ: Coolie & Mason work,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103663/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.273/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
- 17 -
MFA No. 103655 of 2017
& Connected matters
&C
IN MFA Crob. NO.100013 OF 2020:
Between:
Sri. Ravi S/o. Puttappa Sanklipur,
Age 29 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103666/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.276/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100014 OF 2020:
Between:
Smt. Hanumavva W/o. Fakkirappa Ritti,
Age 57 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
- 18 -
MFA No. 103655 of 2017
& Connected matters
&C
This MFA Crob. in MFA No.103667/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.277/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100015 OF 2020:
Between:
Sri. Madarsab S/o. Husensab Hanagi,
Age 23 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103668/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.278/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100016 OF 2020:
Between:
Smt. Ratnavva W/o. Deelap Lamani,
Age 35 years, Occ: Coolie & Home maker,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
- 19 -
MFA No. 103655 of 2017
& Connected matters
&C
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103669/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.279/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100017 OF 2020:
Between:
Smt. Channavva D/o. Neelappa Lamani,
Age 40 years, Occ: Coolie & Home maker,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103671/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.281/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100018 OF 2020:
Between:
Kumari Jyothi D/o. Shekappa Lamani,
Age 20 years, Occ: Nil,
R/o.: Hesarur, Tq.: Savanur,
Dist.: Haveri,
- 20 -
MFA No. 103655 of 2017
& Connected matters
&C
Now r/at Gandhinagar,
Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103655/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.264/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100019 OF 2020:
Between:
Sri. Sanju S/o. Shivappa Lamani,
Age 21 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur,
Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103664/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.274/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
- 21 -
MFA No. 103655 of 2017
& Connected matters
&C
IN MFA Crob. NO.100020 OF 2020:
Between:
Smt. Puttavva W/o. Somanna Lamani,
Age 45 years, Occ: Coolie & Animal Husbandry,
R/o.: Hesarur, Tq.: Savanur,
Dist.: Haveri-581111.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
This MFA Crob. in MFA No.103665/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.275/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
IN MFA Crob. NO.100021 OF 2020:
Between:
Smt. Savakka W/o. Basappa Ritti,
Age 50 years, Occ: Coolie,
R/o.: Hesarur, Tq.: Savanur, Dist.: Haveri,
Now r/at Gandhinagar, Byadgi-581106.
... Cross-objector
(By Shri Hanumanthareddy Sahukar, Advocate)
And:
The Divisional Manager,
NWKRTC, Gadag Division,
Gadag-582101.
... Respondent
(By Shri S.L. Matti, Advocate)
- 22 -
MFA No. 103655 of 2017
& Connected matters
&C
This MFA Crob. in MFA No.103670/2017 is filed under Order
41 Rule 22 of CPC, 1908, against the judgment & award dated
16.12.2016, passed in MVC No.280/2015 on the file of the Senior
Civil Judge and Judicial Magistrate First Class, Byadgi, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.
These appeals and cross-objections coming on for orders
regarding hearing on interlocutory application, this day, the Court
delivered the following:
JUDGMENT
1. It is not in dispute that the Division Bench in MFA No.101209/2017 has held that the accident occurred only due to the negligence on the part of the driver of the NWKRTC bus and therefore, the NWKRTC would liable to pay the compensation.
2. In that view of the matter, the present set of appeals in which the NWKRTC is alleging negligence on the part of the driver of TATA Ace vehicle, cannot be accepted and hence, the appeals filed by the NWKRTC stand dismissed.
3. On looking into the assessment of compensation by the Tribunal in MVC Nos.264/2015, 270/2015, 274/2015 and 280/2015 relating to MFA Crob. Nos.100018/2020,
- 23 -
MFA No. 103655 of 2017& Connected matters &C 100009/2020, 100019/2020 and 100021/2020 respectively, it is seen that the compensation awarded by the Tribunal are just and proper and the same do not call for any interference. Hence, the aforementioned four MFA Cross-
objections are dismissed.
4. Insofar as MFA Crob. Nos.100005/2020, 100006/2020, 100007/2020, 100008/2020, 100010/2020, 100011/2020, 100012/2020, 100013/2020, 100014/2020, 100015/2020, 100016/2020, 100017/2020 & 100020/2020 are concerned, the Tribunal has determined the monthly income of the claimant in all these cases at Rs.6,000/- per month as there was no documentary evidence. In such circumstances, the income determined by the Karnataka State Legal Services Authority, in respect of the accident of the year 2014, is to be considered as Rs.7,500/- in the absence of any documentary evidence. Consequently, I hold that the notional income of the claimant in all these cases was Rs.7,500/- per month.
- 24 -
MFA No. 103655 of 2017& Connected matters &C
5. Further, considering the nature of injuries suffered by the claimant in all these cross-objections, the assessment of disability is reassessed at 10% in MVC Nos.265/2015, 266/2015, 268/2015, 272/2015, 273/2015, 276/2015, 278/2015 & 281/2015; 8% in MVC Nos.271/2015 and 279/2015, 15% in MVC No.275/2015 and 13% in MVC No.277/2015.
6. Further, the Tribunal has adopted the appropriate multiplier considering the age of the respective claimant in all these cases.
7. Thus, the claimant would be entitled to the following compensation towards "loss of future earning capacity on account of permanent physical disability":
In MFA Crob. No.100005/2020 (MVC No.265/2015) Rs.7,500/- x 12 x 17 x 10% = Rs.1,53,000/- In MFA Crob. No.100006/2020 (MVC No.266/2015) Rs.7,500/- x 12 x 14 x 10% = Rs.1,26,000/-
- 25 -MFA No. 103655 of 2017
& Connected matters &C In MFA Crob. No.100007/2020 (MVC No.268/2015) Rs.7,500/- x 12 x 16 x 10% = Rs.1,44,000/- In MFA Crob. No.100010/2020 (MVC No.271/2015) Rs.7,500/- x 12 x 14 x 8% = Rs.1,00,800/- MFA Crob. No.100011/2020 (MVC No.272/2015) Rs.7,500/- x 12 x 18 x 10% = Rs.1,62,000/- MFA Crob. No.100012/2020 (MVC No.273/2015) Rs.7,500/- x 12 x 13 x 10% = Rs.1,17,000/- MFA Crob. No.100020/2020 (MVC No.275/2015) Rs.7,500/- x 12 x 15 x 15% = Rs.2,02,500/- MFA Crob. No.100013/2020 (MVC No.276/2015) Rs.7,500/- x 12 x 17 x 10% = Rs.1,53,000/- MFA Cro.Ob. No.100014/2020 (MVC No.277/2015) Rs.7,500/- x 12 x 11 x 13% = Rs.1,28,700/- MFA Crob. No.100015/2020 (MVC No.278/2015) Rs.7,500/- x 12 x 18 x 10% = Rs.1,62,000/-
- 26 -MFA No. 103655 of 2017
& Connected matters &C MFA Crob. No.100016/2020 (MVC No.279/2015) Rs.7,500/- x 12 x 17 x 8% = Rs.1,22,400/- MFA Crob. No.100017/2020 (MVC No.281/2015) Rs.7,500/- x 12 x 16 x 10% = Rs.1,44,000/-
8. In all these cases, as I have held the monthly income of the claimant at Rs.7,500/-, the same would have to taken for awarding the compensation towards "loss of income during laid up period" respectively.
9. A sum of Rs.15,000/- is awarded towards "loss of amenities and enjoyment in life" in addition to the sum awarded by the Tribunal towards loss of amenities and enjoyment in life in MVC Nos.265/2015, 266/2015, 268/2015, 269/2015, 272/2015, 273/2015, 275/2015, 276/2015, 277/2015, 278/2015, 279/2015 & 281/2015.
10. Thus, the claimants would be entitled to the following sums as narrated in the tabular columns below, which indicate both the amount awarded by the Tribunal and the amount awarded by this court.
- 27 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100005 OF 2020 (MVC No.265/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.7,000/- Rs.7,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.61,200/- Rs.1,53,000/-
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,23,200/- Rs.2,31,500/-
IN MFA Crob. No.100006 OF 2020 (MVC No.266/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For pain and suffering Rs.25,000/- Rs.25,000/-
2. Medical expenses Rs.3,548/- Rs.3,548/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.8,000/- Rs.8,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.50,400/- Rs.1,26,000/-
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.4,000/- Rs.19,000/-
enjoyment in life TOTAL Rs.99,948/- Rs.1,92,048/-
Rounded off to Rs.1,00,000/-
- 28 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100007 OF 2020 (MVC No.268/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.30,000/- Rs.30,000/-
2. Medical expenses Rs.1,000 /- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.7,000/- Rs.7,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.57,600/- Rs.1,44,000/-
capacity on account of permanent physical disab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,09,600/- Rs.2,12,500/-
Rounded off to Rs.1,10,000/-
IN MFA Crob. No.100008 OF 2020 (MVC No.269/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For pain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning --- ---
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.5,000/- Rs.25,000/-
enjoyment in life TOTAL Rs.65,000/- Rs.86,500 /-
- 29 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100010 OF 2020 (MVC No.271/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.35,000/- Rs.35,000/-
2. Medical expenses Rs.5,000/- Rs.5,000/-
3. Attendant charges Rs.6,000/- Rs.6,000/-
4. Diet, food nourishment and Rs.17,000/- Rs.17,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.12,000/- Rs.15,000/-
period
6. Loss of future earning capacity --- Rs.1,00,800/-
on account of permanent physical disability
7. Loss of amenities and Rs.25,000/- Rs.25,000/-
enjoyment in life TOTAL Rs.1,00,000/- Rs.2,03,800/-
IN MFA Crob. No.100011 OF 2020 (MVC No.272/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For pain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.7,000/- Rs.7,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.64,800/- Rs.1,62,000/-
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,26,800/- Rs.2,40,500/-
- 30 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100012 OF 2020 (MVC No.273/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning capacity Rs.55,160/- Rs.1,17,000/-
on account of permanent physical disability
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,21,160/- Rs.1,98,500/-
Rounded off to Rs.1,21,500/-
IN MFA Crob. No.100020 OF 2020 (MVC No.275/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.86,400/- Rs.2,02,500/-
capacity on account of permanent physical disability
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,51,400/- Rs.2,84,000/-
Rounded off to Rs.1,51,500/-
- 31 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100013 OF 2020 (MVC No.276/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.7,000/- Rs.7,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning capacity Rs.61,200/- Rs.1,53,000/-
on account of permanent physical disability
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,23,200/- Rs.2,34,500/-
Rounded off to Rs.1,23,500/-
IN MFA Crob. No.100014 OF 2020 (MVC No.277/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For pain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.79,200/- Rs.1,28,700/-
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,44,200/- Rs.2,10,200/-
Rounded off to Rs.1,44,500/-
- 32 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100015 OF 2020 (MVC No.278/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.40,000/- Rs.40,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning capacity Rs.64,800/- Rs.1,62,000/-
on account of permanent physical disability
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,29,800/- Rs.2,43,500/-
Rounded off to Rs.1,30,000/-
IN MFA Crob. No.100016 OF 2020 (MVC No.279/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.30,000/- Rs.30,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.48,960/- Rs.1,22,400/-
capacity on account of permanent physical d isab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,03,960/- Rs.1,93,900/-
Rounded off to Rs.1,04,000/-
- 33 -
MFA No. 103655 of 2017& Connected matters &C IN MFA Crob. No.100017 OF 2020 (MVC No.281/2015) HEADS Amount Amount awarded by awarded by the Tribunal this Court
1. For p ain and suffering Rs.30,000/- Rs.30,000/-
2. Medical expenses Rs.1,000/- Rs.1,000/-
3. Attendant charges Rs.3,000/- Rs.3,000/-
4. Diet, food nourishment and Rs.10,000/- Rs.10,000/-
conveyance charges etc.,
5. Loss of income during laid up Rs.6,000/- Rs.7,500/-
period
6. Loss of future earning Rs.92,160/- Rs.1,44,000/-
capacity on account of permanent physical disab ility
7. Loss of amenities and Rs.5,000/- Rs.20,000/-
enjoyment in life TOTAL Rs.1,47,160/- Rs.2,15,500/-
Rounded off to Rs.1,47,500/-
11. Accordingly, the MFA Cross-objections filed by the injured claimants respectively in MFA Crob.No.100005/2020 (MVC No.265/2015), MFA Crob.No.100006/2020 (MVC No.266/2015), MFA Crob.No.100007/2020 (MVC No.268/2015), MFA Crob.No.100008/2020 (MVC No.269/2015), MFA Crob.No.100010/2020 (MVC No.271/2015), MFA Crob.No.100011/2020 (MVC No.272/2015), MFA Crob.No.100012/2020 (MVC No.273/2015), MFA Crob.No.100020/2020 (MVC No.275/2015),
- 34 -
MFA No. 103655 of 2017& Connected matters &C MFA Crob.No.100013/2020 (MVC No.276/2015), MFA Crob.No.100014/2020 (MVC No.277/2015), MFA Crob.No.100015/2020 (MVC No.268/2015), MFA Crob.No.100016/ 2020 (MVC No.279/2015) and MFA Crob.No.100017/2020 (MVC No.281/2015) are allowed in part; The Judgment and award passed by the Tribunal is modified.
12. The claimants-cross-objector in their respective MFA cross-objections are entitled to the total compensation in a sum of Rs.2,31,500/- as against Rs.1,23,200/- in MFA Crob.No.100005/2020 (MVC No.265/2015); a sum of Rs.1,92,048/- as against Rs.1,00,000/- in MFA Crob.No.100006/2020 (MVC No.266/2015); a sum of Rs.2,12,500/- as against Rs.1,10,000/- in MFA Crob.No.100007/2020 (MVC No.268/2015); a sum of Rs.86,500/- as against Rs.65,000/- in MFA Crob.No.100008/2020 (MVC No.269/2015); a sum of Rs.2,03,800/- as against Rs.1,00,000/- in MFA Crob.No.100010/2020
- 35 -
MFA No. 103655 of 2017& Connected matters &C (MVC No.271/2015); a sum of Rs.2,40,500/- as against Rs.1,26,800/- in MFA Crob.No.100011/2020 (MVC No.272/2015); a sum of Rs.1,98,500/- as against Rs.1,21,500/- in MFA Crob.No.100012/2020 (MVC No.273/2015); a sum of Rs.2,84,000/- as against Rs.1,51,500/- in MFA Crob.No.100020/2020 (MVC No.275/2015); a sum of Rs.2,34,500/- as against Rs.1,23,5008/- in MFA Crob.No.100013/2020 (MVC No.276/2015); a sum of Rs.2,10,200/- as against Rs.1,44,500/- in MFA Crob.No.100014/2020 (MVC No.277/2015); a sum of Rs.2,43,500/- as against Rs.1,30,000/- in MFA Crob.No.100015/2020 (MVC No.268/2015); a sum of Rs.193,2000/- as against Rs.1,04,000/- in MFA Crob.No.100016/ 2020 (MVC No.279/2015) and a sum of Rs.2,15,500/- as against Rs.1,47,500/- in MFA Crob.No.100017/2020 (MVC No.281/2015).
13. The Respondent - NWKRTC is directed to deposit the entire compensation after deducting the
- 36 -
MFA No. 103655 of 2017& Connected matters &C compensation already paid along with interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.
14. The amount awarded shall be disbursed in the same terms as that imposed by the Tribunal.
15. The amount in deposit, if any, be transmitted to the Tribunal for disbursement in accordance with law.
Sd/-
JUDGE Vnp*