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Mayadevi @ Mahadevi vs the Divisional Controller

Mayadevi @ Mahadevi vs The Divisional Controller

Type Court Judgment Court Karnataka Kalaburagi Decided Dec 19, 2024
~4 min read
https://sooperkanoon.com/case/1853696

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Citation
Court
Karnataka Kalaburagi High Court
Judge
Decided On
Case Number
MFA/201252/2021

Parties & Advocates

Appellant / Petitioner

Mayadevi @ Mahadevi

Respondent

The Divisional Controller

Excerpt

.....on the file of the additional senior civil judge and addl. mact at bidar, to enhance the compensation by modifying the judgment and award dated 01-04-2019 passed in mvc no.631/2017 on the file of the additional senior civil judge and addl. mact at bidar and etc. this appeal, coming on for orders, this day,judgment was delivered therein as under:-2- coram: hon'ble mr. justice sachin shankar magadumoral judgment(per: hon'ble mr. justice sachin shankar magadum) this appeal is by the claimant who has suffered grievous injuries in a road traffic accident dated 8.3.2017. appellant is questioning the quantum determined by the tribunal. appeal is purely on quantum as the respondent/corporation admits its liability.2. the appellant herein filed a claim petition forhaving sustained fracture of left clavicle bone and other serious injuries. appellant herein to substantiate the disability has placed reliance on the disability certificate. tribunal in absence of income proof, assessed the income at rs.6,000/- per month and has awarded rs.3,04,200/-. same is under challenge.3. heard the learned counsel for the appellant and the learned counsel appearing for respondent/corporation.4. though appellant asserts that he was earningrs.15,000/- per month, there is absolutely no -3- documentary evidence to substantiate the same. the accident is of the year 2017. in the absence of income proof, this court is inclined to rely on the income chart prepared by the kslsa which prescribes the income notionally at rs.10,250/-. accordingly, the income is notionally fixed at rs.10,250/-. accepting 10% disability as determined by the tribunal, compensation payable under the head of loss of earning is re-determined at (rs.1,250x12x16)=rs.1,96,800/-. rs.1,23,000/- awarded towards medical expenses is retained. having regard to the period of treatment, loss of earning during the period of treatment is awarded for a period of three months, which works out to rs.30,750/-. towards pain.....

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 201252 OF 2021 (MV-I) BETWEEN:

1. MAYADEVI @ MAHADEVI W/O BASAYYA @ BASAVARAJ HIREMATH AGE 36 YEARS, OCCU. LABOUR R/O DONGARGAON NOW AT SHIV NAGAR NORTH BIDAR, TQ AND DIST BIDAR. …APPELLANT (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) AND:

1. THE DIVISIONAL CONTROLLER NEKRTC BIDAR DIVISION BIDAR-585 401. Digitally signed by …RESPONDENT AL BHAGYA Location: HIGH COURT OF (BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE) KARNATKA

THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.631/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT AT BIDAR, TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01-04-2019 PASSED IN MVC NO.631/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT AT BIDAR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

-2- CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This appeal is by the claimant who has suffered grievous injuries in a road traffic accident dated 8.3.2017. Appellant is questioning the quantum determined by the Tribunal. Appeal is purely on quantum as the respondent/Corporation admits its liability.

2. The appellant herein filed a claim petition for

having sustained fracture of left clavicle bone and other serious injuries. Appellant herein to substantiate the disability has placed reliance on the disability certificate. Tribunal in absence of income proof, assessed the income at Rs.6,000/- per month and has awarded Rs.3,04,200/-. Same is under challenge.

3. Heard the learned counsel for the appellant and the learned counsel appearing for respondent/Corporation.

4. Though appellant asserts that he was earning

Rs.15,000/- per month, there is absolutely no -3- documentary evidence to substantiate the same. The accident is of the year 2017. In the absence of income proof, this Court is inclined to rely on the income chart prepared by the KSLSA which prescribes the income notionally at Rs.10,250/-. Accordingly, the income is notionally fixed at Rs.10,250/-. Accepting 10% disability as determined by the Tribunal, compensation payable under the head of loss of earning is re-determined at (Rs.1,250x12x16)=Rs.1,96,800/-. Rs.1,23,000/- awarded towards medical expenses is retained. Having regard to the period of treatment, loss of earning during the period of treatment is awarded for a period of three months, which works out to Rs.30,750/-. Towards pain and suffering and loss of amenities Rs.30,000/- each is awarded. Towards future medical expenses, having regard to the nature of the injuries sustained, an additional amount of Rs.40,000/- is awarded. -4-

5. In summary, the total compensation re- determined by this Court under various heads is as follows: Sl. Heads Amount No.

1. Pain and sufferings Rs. 30,000/-

2. Future loss of earnings Rs.1,96,800/-

3. Future medical treatment Rs. 40,000/-

4. Laid up period (10,250x3) Rs. 30,750/-

5. Loss of amenities Rs. 30,000/-

6. Medical expenses Rs.1,23,000/-

Total Rs.4,50,550/- The total compensation re-determined by this Court works out to Rs.4,50,550/- as against Rs.3,04,200/- awarded by the Tribunal. The appellant is held entitled to enhanced compensation of Rs.1,46,350/- with interest at the rate of 6% per annum from the date of petition till its realization. -5-

11. For the foregoing reasons, this Court proceeds to pass the following:

ORDER

(i) The appeal is allowed-in-part;

(ii) The judgment and award passed by the Tribunal in MVC.No.631/2012 is modified;

(iii) The appellant is held entitled to enhanced compensation of Rs. 1,46,350/- which shall carry interest at the rate of 6% from the date of petition till realization;

(v) On deposit, entire amount shall be released to the claimant. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1

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