The Division Bench increased global compensation by Rs. 65,000/- plus interest for pain and suffering and revised future income compensation, finding the Tribunal erred on quantum and bed rest duration. Liability on both respondents was upheld.
Appellant allowed to the extent of enhancing the compensation amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5341 OF 2023 (MV-I)
BETWEEN:
SRI. GHOUSE PEER, S/O ABDUL KAREEM, AGED ABOUT 28 YEARS, ROSHAN NAGAR, NEAR G.H. RISALA HEBBUR, TUMAKURU.
…APPELLANT
(BY SRI. UDAYA KUMAR R.L, ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:49349 MFA No. 5341 of 2023
MANAGING DIRECTOR, VRL LOGISTICS LTD., LALITH MAHAL, NAVEEN PARK, KESHWAPUR, HUBLI CITY - 580 023.
…RESPONDENTS
(BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R2; SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R4; VIDE ORDER DATED 08.08.2023, NOTICE TO R1 AND R3 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.09.2021 PASSED IN MVC NO.554/2018 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 28.09.2021 in
MVC.No.554/2018 passed by the VII Additional District
Judge & MACT, Tumakuru, for seeking enhancement of compensation.
claimant and coverage of insurance are not in dispute.
the records.
compensation as under:
| 1 | Towards expenditure for treatment |
Rs.20,000/- |
|---|---|---|
| 2 | Towards loss of income during laid up period |
Rs.12,500/- |
| 3 | Towards future income | Rs.3,78,000/- |
| 4 | Towards future medical expenditure |
Rs.25,000/- |
| 5 | Towards pain and suffering | Rs.15,000/- |
| Total | Rs.4,50,500/- |
claimant has suffered displaced fracture of lower 1/3rd of both bones of left leg and compression fracture of D5 and D6 vertibra. The doctor has stated that the claimant has suffered 29% of disability towards left lower limb and 10% of disability towards whole body. The claimant is working
as a Coolie, therefore, certainly the above injuries affects his work.
ORDER
VII Additional District Judge & MACT, Tumakuru, is hereby modified to the extent that the appellant/claimant is entitled to additional global compensation of Rs.65,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.
iii. The respondent Nos.2 and 4 are equally held liable to pay compensation to the claimant.
iv. The appellant/claimant is not entitled for interest for the delay period of 429 days in filing the appeal.
vi. The other observations and findings of the Tribunal are kept in tact.
SD/(HANCHATE SANJEEVKUMAR) JUDGE
MH/-
CT: BHK
3 issues framed by the court
Whether compensation should be enhanced considering the injuries sustained and the period of bed rest.
Whether interest should be awarded for the delay period in filing the appeal.
Whether multiple insurance respondents are equally liable to pay the compensation.
1 provisions across 1 enactments
Sri. Ghouse Peer
Sri. Sandeep P. Agadi
The RLI Establishment
Sri. Anand Sankeshwar
VRL Logistics Ltd.
The United India Insurance Co. Ltd.
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
