Bheemappa S/O Sabu Alagundi, Vs the M.D., N.W.K.R.T.C.

THIS MSA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.02.2013, PASSED IN MVC. NO.594/2011 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, NO.X HUNAGUND, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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NC: 2025:KHC-D:11307 MFA No. 100386 of 2014

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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This appeal is filed by the claimant being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 01.02.2013 in M.V.C.No.594/2011 by the M.A.C.T.-X, Hunagund.

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Brief facts leading rise to the filing of this appeal are as follows:

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On 23.08.2011, the claimant and another were going towards their hut along with sheep s and when they came near Pattar Petrol Pump on Amingad-Bagalkot P.W.D. roadb, at that time, one KSRTC bus bearing registration No.KA-25/F-2605 came in a rash and negligent manner and dashed to the sheeps and the claimant and caused an accident. As a result, sheeps and the claimant were sustained grievous injuries. The claimant and the owner of the sheeps filed separate claim petitions under Section 166 of the M.V. Act , seeking compensation for the injuries

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HC-KAR

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sustained in the accident. It is contended that the claimant spent huge amount for the medical and other expenses. Hence, prayed to allow the claim petition.

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The NWKRTC filed a statement of objections denying the averments made in the claim petition and prayed to dismiss the claim petition.

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The Tribunal, based on the pleadings of the parties, framed the relevant issues.

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The claimant, to substantiate his case, examined himself as PW-2 and the claimant in another claim petition was examined as PW-1 and 27 documents were marked as Exs.P-1 to P-27. The driver of the offending vehicle was examined as DW-1 and marked 1 document as Ex.D-1.

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The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and awarded compensation of Rs.7,805/- with interest at the rate of 6% p.a. from the date of the claim petition. The

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HC-KAR

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claimant being dissatisfied with the quantum of compensation, awarded by the Tribunal, filed this Miscellaneous First Appeal.

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Heard the arguments of the learned counsel for the claimant, and the learned counsel for the respondent.

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Learned counsel for claimant submits that the claimant has spent Rs.25,000/- towards his treatment and the compensation awarded by the Tribunal is on the lower side. He further submits that he was earning Rs.6,000/- by doing Shepard work and due to the injuries sustained in the accident, he is unable to do the work . Hence, on these grounds, he prays to allow the appeal.

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Per contra , learned counsel for the respondent supported the impugned judgment and award passed by the Tribunal and contended that the compensation awarded by the Tribunal is just and proper, and it does not call for any interference. Hence, on these grounds, he prays to dismiss the appeal.

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HC-KAR

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Perused the records, and considered the

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submissions of the learned counsel for the parties.

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The point that would arise for consideration is regarding the quantum of compensation.

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It is not on dispute that on 23/08/2011, the

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accident occurred due to the rash and negligent driving of the driver of the offending vehicle and the sheeps and the claimant sustained the injuries in the said accident. The claimant has produced charge sheet marked as Ex.P-4. The Tribunal placing reliance on Ex.P-4, held that the accident occurred due to rash and negligent driving of the offending vehicle. Though the claimant has not examined any doctor to prove the disability, the Tribunal has awarded the compensation of Rs.7,805/- which is on the lower side. Considering the nature of injuries sustained by the claimant, this Court is of the considered opinion that the compensation awarded by the Tribunal is on the lower side

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HC-KAR

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and this Court re-assesses the compensation at Rs.20,000/-

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as global compensation.

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In view of the above discussion, I proceed to pass the following:

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ORDER

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(i) The Miscellaneous First Appeal is allowed in part.

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(ii) The judgment and award dated 01.02.2013 in M.V.C.No.594/2011 by the M.A.C.T.-X, Hunagund , is hereby modified.

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(iii) The claimant is entitled to a global compensation of Rs.20,000/- with interest at 6% p.a. from the date of the petition till its realisation.

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(iv) The respondent-NWKRTC is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of the copy of this judgment.

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(v) The Office is directed to transmit the records, to the Tribunal.

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Sd/-

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(ASHOK S. KINAGI) JUDGE

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NAA CT:PA List No.: 1 Sl No.: 22

Bheemappa S/O Sabu Alagundi, v. the M.D., N.W.K.R.T.C.

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Bheemappa S/O Sabu Alagundi, v. the M.D., N.W.K.R.T.C.

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