Karnataka High Court
Bhyravi @ Byramma vs Lokesh on 31 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30170
MFA No. 8254 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 8254 OF 2023 (MV-I)
BETWEEN:
BHYRAVI @ BYRAMMA
W/O PARAMESH
AGED ABOUT 38 YEARS
RESIDING AT NO.209
DEVAGERE CROSS
NEAR BEKARY STORE
KUMBALAGOODU
BENGALURU-560 060
...APPELLANT
(BY SRI. SHANTHARAJ K, ADVOCATE)
AND:
1. LOKESH
S/O HANUMAIAH
MAJOR
RESIDING AT PARASANNA PALYA
Digitally signed by VILLAGE, SHANUMANGALA POST
SHAKAMBARI
Location: HIGH BIDADI HOBLI
COURT OF RAMANAGARA TALUK-562 109
KARNATAKA
2. THE MANAGER
UNIVERSAL SAMPOOR GEN. INS.CO.LTD
NO.217/A, 3RD FLOOR, KVV SAMRAT
3RD MAIN, OUTER RING ROAD
KASTURINAGAR
BENGALURU-560 043
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED VIDE ORDER
DT.31.07.2024)
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NC: 2024:KHC:30170
MFA No. 8254 of 2023
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC
NO. 181/2020 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, RAMANAGARA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by appellant-claimant challenging the judgment and award dated 23.6.2023 passed by MVC NO. 181/2020 on the file of the Additional Senior Civil Judge and JMFC, Ramanagara, (for short `the Tribunal').
2. The appeal is founded on the premise that compensation awarded by the Tribunal is inadequate.
3. The parties shall be referred to as per their status before the Tribunal.
4. The Tribunal has awarded a global compensation of Rs.1,20,000/- with additional medical expenses of Rs.80,239/- in all amounting to Rs.1,60,000/- along with interest at 7% p.a. -3- NC: 2024:KHC:30170 MFA No. 8254 of 2023
5. It is the vehement contention of the learned counsel for the appellant that the compensation awarded by the Tribunal is on the lower side; Tribunal has failed to appreciate the injuries sustained by the appellant as described in the wound certificate at Ex.P5, so also the Doctor has opined that there is de gloving injury on the left side of face and scalp which is grievous in nature. This has not been taken into consideration while awarding the compensation. On these grounds, he seeks to allow the appeal and consequently to enhance the compensation.
6. Per contra, learned counsel representing the Insurance Company submits that the Tribunal has awarded just and reasonable compensation relying upon the evidence of Doctor who is examined as PW.2 He has clearly opined that the appellant has not sustained any permanent physical impairment. Hence, the claimant would not be entitled to any compensation towards loss of earning capacity due to disability on the basis of which, the Tribunal has awarded compensation under other heads in all amounting to Rs.1,60,000/- along with interest @7% which is on the higher side. Therefore, he contends that no indulgence is required by this Court as just -4- NC: 2024:KHC:30170 MFA No. 8254 of 2023 and reasonable compensation has been awarded by the Tribunal.
7. Having heard the learned counsel for both the parties, occurrence of accident, involvement of the vehicle, injuries sustained by the claimant are not disputed. The opinion expressed by the Doctor has been accepted by the Tribunal and global compensation has been awarded. It is seen that the appellant has sustained degloving injuries on the left side of the face and scalp and as per the opinion expressed by the doctor it is grievous in nature. The medical expenses incurred by the appellant is amounting to Rs.80,329/- as she was in- patient for 6 days.
8. In view of the evidence adduced by PW.1 and 2, considering the fact that appellant sustained grievous injuries and degloving injuries on the left side of the face and scalp, this Court is of the opinion that an amount of Rs.75,000/- could be awarded as global compensation in addition to an amount of Rs.1,60,000/- awarded by the Tribunal totaling to Rs.2,35,000/-. Accordingly, I pass the following:
ORDER
i) The appeal is allowed in-part. -5-
NC: 2024:KHC:30170 MFA No. 8254 of 2023
ii) Judgment and Award passed in MVC NO. 181/2020 by the Additional MACT and I Addl.Senior Civil Judge and JMFC, Ramanagara, is modified.
iii) Claimant is entitled to a total compensation of Rs.2,35,000/-. The balance compensation shall be paid within a period of four weeks and deposit before the jurisdictional Tribunal, appellant-claimant shall be entitled to withdraw the amount upon proper identification.
iv) The enhanced compensation
shall carry interest at 6%.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
SK
List No.: 1 Sl No.: 9