Shri. Devraj S/O Basavanni Chikkalgudd Vs Shri. Imran Rajesab Mujawar

SHRI IMRAN RAJESAB MUJAWAR, AGE: MAJOR, OCC: BUSINESS, R/O: MAIN ROAD, ANKALAGI, TQ: GOKAK, BELAGAVI-591 307, (OWNER OF TATA ACE VEHICLE BEARING NO. KA-25C-6403).

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY THE DIVISIONAL MANAGER, BELAGAVI, D.O. AT SITA SMRUTHI, MARUTI GALLI, BELAGAVI-590 013, (INSURER OF TATA ACE VEHICLE BEARING NO.KA-25 C-6403).

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… RESPONDENTS

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(BY SRI M.K. SOUDAGAR, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 11.03.2016, PASSED IN MVC NO.409/2015 ON THE FILE OF THE X ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI AND ENHANCE THE

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NC: 2025:KHC-D:8626 MFA No. 101739 of 2017

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HC-KAR

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COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.

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

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ORAL JUDGMENT

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(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the claimant challenging the judgment and award dated 11.03.2016, passed by the X Additional District and Sessions Judge and Member, Additional MACT, Belagavi, in MVC No.409/2015, seeking enhancement of compensation.

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Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court.

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The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case.

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In the instant case, the claimant had suffered mal-united fracture of lower end right radius of wrist and

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3 - NC: 2025:KHC-D:8626 MFA No. 101739 of 2017

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HC-KAR

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other injuries, for which the tribunal has awarded

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compensation as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Loss of income on account of permanent physical disability.	2,85,600
2.	Pain and suffering.	50,000
3.	Transportation, food and attendant charges.	20,000
4.	Loss of amenities.	20,000
5.	Medical expenses.	25,200
	Total:	4,00,800

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Upon considering the entire case on hand, the compensation awarded by the tribunal is found to be just and proper and reasonable, considering the injuries sustained by the claimant. The tribunal has considered the disability at 20%. Though it is found to be excessive, but there is no counter challenge by the insurance company.

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Therefore, upon considering the nature of injuries sustained and the percentage of disability considered by the tribunal and compensation awarded on other heads is found to be just and proper. Hence, it

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