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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 13^{T H} DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE P.N.DESAI

MFA No.20548/2011(MV)

BETWEEN:

PARASHARAM NAMADEV SUTAR

AGE 20 YEARS

OCC:STUDENT AND BLACKSMITH (LOHAR)

PRESENTLY NIL

R/O. GANGAVATI VILLAGE

PRESENTLY AT SULAGA-YALLUR

TALUK AND DIST BELGAUM.

...APPELLANT

(By Sri. HARISH S. MAIGUR, ADV., )

AND

1.

SHRI ANKUSH RAMA NAIK

AGE MAJOR

OCC DRIVER

R/O. H. NO.611, LANTARWADA

USAGO

PONDA – GOA

2.

IFFCO-TOKIO GENERAL INSURANCE

CO. LTD.,

A/2, I FLOOR

RELIANCE HOUSE, ISIDORIO

BAPTISTA ROAD, PAJIFOND

MARGAO, GOA 403 601.

…RESPONDENTS

(By Sri. L.M.KURAHATTI, ADV. FOR

Sri. S.K. KAYAKAMATH, ADV., FOR R-2

NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S. 173(1) OF THE M.V.ACT,

1988

AGAINST

THE

JUDMENT

AND

AWARD

DATED

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30.11.2010, PASSED IN MVC NO.2287/2008 ON THE FILE

OF THE II ADDL. SENIOR CIVIL JUDGE & ADDL. MACT,

BELGAUM, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THIS APPEAL COMING ON FOR HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard learned counsel for the appellant –

claimant and learned counsel for respondent No.2-

Insurance company.

Notice to respondent No.1 is dispensed with.

2. This appeal is filed seeking enhancement of

the compensation awarded in MVC No.2287/2008 by

the II Addl. Senior Civil Judge & Addl. MACT,

Belgaum, awarding compensation of Rs.1,59,000/-

with interest at 6% p.a. for the injures sustained by

the claimant.

3. The brief contentions of the claimant are as

follows:-

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The appellant is the claimant/petitioner before

the

tribunal.

He

filed

claim

petition

claiming

compensation of Rs.25,00,000/- with interest at the

rate of 18% p.a. from respondents contending that

on 12.03.2007 at about 6.00 p.m., the appellant was

returning from school on bicycle towards his house

at Gangawati. At that time, one Toyota Qualis

bearing No.GA-01/E-4781 came from Londa side in

rash and negligent manner and lost control over the

vehicle and dashed against the claimant, as a result,

he sustained comminuted fracture of left leg and

injuries all over the body. He was admitted to the

hospital

and

took

treatment

at

KLE

Hospital,

Belgaum. He was inpatient nearly for a period of

45 days. It is further contended that he was aged

17 years studying in 10^th standard and also assisting

his

father

in

blacksmith

business

and

earning

Rs.3,000/- p.m. The claimant was a brilliant student

and because of the injuries sustained, he could not

attend to his examination. Hence, he filed claim

petition before the tribunal and the tribunal has

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awarded compensation of Rs.1,59,000/-. Dissatisfied

with the quantum of compensation awarded, the

claimant is in this appeal.

4. The Insurer supported the judgment passed

by the tribunal and contended that award passed by

the tribunal is just and proper and needs no

interference by this Court.

5.

The

learned

counsel

for

the

appellant-

claimant

contended

that

the

injured

claimant

sustained malunited fractures of lower 1/3^rd shaft of

the left tibia and left fibula with intramedullary nails

in situ and malunited fracture of the medial wall of

right maxillary sinus and malunited fracture of nasal

bones and bilateral deviation of the nasal septum.

The claimant was hospitalized for a period of 45 days

and till today he is suffering inconvenience and

unhappiness and his education career has become

bleak. The claimant was also assisting his father who

was

doing

blacksmith

business

and

earning

Rs.3,000/- per month. The claimant used to take

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active participation in sports and hence the disability

assessed by the tribunal is 20% is on the lower side

and hence seeks for enhancement of compensation.

6. Lookin