IN THE HiGH CC)URT (JF KARNATAK_A
CIRCUIT BENCH AT DHARVVAD 5
DATED THIS THE o1s'r DAY OF sEPTEMI3Ei2,--<2'o":~«Q"'~._
PRESENT
THE HON']E3LE DRJUSTICE K.BI-IAE{THi9i\ii2$tT:E$}x*1eAi 0'
AND -
TE-IE HON'I3LE MR. JUSTICE'».:AReAeLfi.' N'AiGA't2AJj--..__ in
M.F.A.No.4-53%!-/_200i6A (rag; _ " '
Between: 0." it '
imtiyaz Jamal Mujawar, _
Age 28 years, Occ.: E1ectric'a~1_Contraotoi' (Coi.ass» 1)
R/o. R.K. Colony, Near Busfitand,
. V ...Appeiiant
(By Sri. T.M.Nadaf, 1':.dvocates}. .
eye . 'V . .
1. Hamid s,(o..::_A'bbee*ii31fiei'j,;. A' = .3
Age M or"; :3, D_ri.V_e:__&. '1'ra.n"$portation,
R/ Q. Kadagaon, Gadhingiaj Taluk,
Kolbapur Disttfi-ct; i Mahparastra.
2. The Branch Meanage1_',"=.__ "
United India Ins_ufa,nce-Co. Ltd.,
1V_Eain_Road,e..Op'p;: SV;T.Stand, (Gadhinglaj),
Eiiolhapur Dist~ri<:_t_,H_A .
0 Repifeesefitled by its Division Office,
0"Div'i.sion'«M'anager, Maruti Galli, Belgaurn.
' " Respondents
(By--Sri.A.G'.J'_adh;aV, Advocate for R-2.
Notice to R-.1 is. dispensed with)
This MFA is filed under Section 173(1) of MV Act against
'the"}t1_dgrnent and award dated 13.02.2006 passed in MVC
' No.37/"@002 on the me of Civil Judge {Sr.Dn.) er, Add}. MACT,
e_ ._Chi.ko'dii, partly allowing the claim petition for compensation and
'seeking enhancement of compensation.
This appeal coming on for "final hearing this day,
i 0' iDr.K.Bhathavatsa1a J., delivered the following:
- 2 V7"
JUDGMENT
The appellant who is claimant in MVC No.37/2OO2Vo–11_ the
file of Civil Judge (Sr.Dn.) 86 Addl. MACT, Chikodi, is beifoi%léj{1ii.g
Court praying for enhancement of compensation.
2. Learned counsel for theiziiappeilant
the claimant was self–ernployed, as an EllectricafilriC’ontraetori’~..L
(Class–»l), carrying on in the namei”of M/ Electric
Company at Chikodi, ear.iiing [ii–“~._per month. He met
with an accident on 03.12.2021.’ ‘He?isusta.i_§1eci_; fracture of left
clavicle, injuries:.to’«stfoIna:ch,§ s_pfleena,”viri~g_ht ijeg knee and other
injuries. i1i,pa’tient from 04.12.2001 to
12. 12.20021, He disablement to the extent of
24% to the izvhoie the Tribunal has not awarded
compensation___.towards other relevant heads. He also
iisuc-IIii’Ls thatvtheii Tribunal has fixed income of the claimant at
the claimant was earning Rs.1.0,000/– per
mor1th.i Hpeilperays for enhancement of compensation.
2 ” I Learned counsel for the respondent No.2/insurance
._C_3oir’npahiy submits that the compensation awarded is adequate.
4. We have perused the records of the Tribunal.
:
E
The accident occurred on 03.12.2001. The cla..iIna_h.t”‘hAas
got himself examined as PW~l, besides examining
Kamble as Pw»2. EXP»? to P-74 are the _rnedi_caili’ceir’titic’a_t’e.andit
bills. EX.P–’75 is the disability certificate. iisfthe
discharge card. E3x.P-7’7 is the copy of licence that!’
the claimant was Electrical Contra’c.tol’.V(Claiss–«l.)_.::E)x.ii?’»7 is the
medical certificate issued;ii<_Tdv indicates that he
was treated for Blunt Trau.m_a–.V'iiisplenic rupture
with shock and lei? shows that the
claimant ..lo4.iil§2i.i2001. PW~2 examined
the approximately between
20% to 2 ii9–';;.i the claimant requires regular
check up.' There n.oj–me~ntion in the certificate as to whether
~"'l~h.¢ isA.withHre'ference to limbs or the whole body. The
.'l'ribuirial income of the claimant at Rs.1,500/» and
perrnanent .disea_blement at 10%, applied multiplier 16 and
'awarded o.orn~pensation as under:
' V Conveyance Expenses Rs. 2000/H
" 'inconvenience and discomforts Rs. 2,500/»
'.l\/ledical expenses Rs. 54,000/n
" -.4_,.V_..rLoss of future income {Rs.}50x12xl6} RS. 28,800/~
Diet and attendant cha.rgcs Rs. /____[1/,§"Q(W)i;
TOTAL Rs. Wggigfigp
Rounded of to RS. MEQWQOO/~
I
E
E
i
x.–x_+___M,,
6. Loss of amenities Rs. 25,000/~
TOTAL Rs. “2,’46,00of–“‘
Less compensation awarded by Rs. 9O,O{§:(J<,/_ié"–VV
the Tribunal "
Balance RS. 21.i,_
..6j0®/._uT
Thus, the eiaimant is entitileidj;ifofi_”a(flditionAa1:’
compensation of Rs.1,56,OOO/-V.’
7. In the result, we pass fou11ovviii1*1gi:: ii
a) The appeal isA.pa:.r_t1y ‘a1A1Li)Weé1. holdiing that the
c1ai_1.1i¥,:’tI1:i*§e”‘t’ “énti[+1ed”””*-~-to additional
R§.”i’;’S’5,0o0/– along with
the rate of 6% p.a. from
thedate of till realisation.
it..ii,}Xc.cAordiingty;«’impugned judgment and award
” _a:re’trnio*dified.
‘Rene-phondent No.2/Insurance Company is
iiieliifeicted to deposit the additional
Hicompensation amount along with costs and
interest with the Tribunal within two months
from today.
The tribunal is directed to release
compensation amount in favour
– 1
cla1mant.