Karnataka High Court
Veeranagouda S/O. Rudragouda ... vs Megharaj Bhavasingh Chavan on 15 December, 2021
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15 T H DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
M.F.A.No.23280/2012
C/W
M.F.A.Nos.23281, 23282, 23283, 23284,
23285, 23286, 23287, 23288 AND 23289 OF 2012 (MV)
IN MF A N o.23280/2012:
BETWEEN:
SMT. SHANTAWWA
W/O BASA PPA NES ARGI
AGE: 44 YEARS , OCC: V EGETABLE V ENDOR
R/O KUMBAR ONI , SAMPAGAON
TAL: BAILHONGA L, DIST: BELGA UM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
AND
1. SRI. MEGHARAJ BHAVASINGH CHAV AN
MAJOR, OCC:BUSI NESS
R/O: GURUWAR PETH, KITTUR
TAL: BAILHONGA L, DIST: BELGA UM.
2. THE DIVISIONAL MANAGER
THE NEW INDIA A SSURANCE CO.LTD.,
D.O.CLUB ROAD , BELGA UM.
2
3. THE DIVISIONAL CONTROLLER
NWKRTC, DIVISIONAL OFFI CE,
BELGA UM.
... RES PONDENTS
(COMMON)
(BY SMT. ARUNA R. D ESHAPAND E, A DVOCATE FOR R2;
SRI P.R. BENT UR, ADVOCATE F OR R3;
N OTICE TO R1 DISPENS ED WITH)
THIS MISC.FIRST APPEA L No.23280/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.83/ 2008 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, PART LY ALLOWING
THE CLAIM PETIT ION FOR COMPEN SATION AND SEEKING
ENHANCEMENT OF COMPENSATION .
IN MF A N o.23281/2012:
BETWEEN:
SRI.VEERANA GOUDA
S/O RUDRAGOUDA PATIL
AAGE: 14 YEARS , OCC: STUDENT
SINCE MINOR REP. BY NATURA L MOT HER
AND GUARDIAN S MT.SARALA
W/O RUDRAGOUD A PATIL
AGE: 44 YEARS , OCC: HOUS EHOLD WORK
R/O: HIREBAGEWA DI, TALUK & DISTRICT
BELGA UM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23281/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.84/ 2008 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, PART LY ALLOWING
3
THE CLAIM PETIT ION FOR COMPEN SATION AND SEEKING
ENHANCEMENT OF COMPENSATION .
IN MF A N o.23282/2012:
BETWEEN:
SRI.BASALINGAYY A
S/O NINGA PPA NA GAPPANNAVAR
AGE: 29 YEARS , OFF: DRIVER (N OW NIL)
R/O: TIGADI , TA LUK: BAILHONGA L
DIST: BELGAUM.
... APPELLANT
(BY SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23282/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.85/ 2008 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, PART LY ALLOWING
THE CLAIM PETIT ION FOR COMPEN SATION AND SEEKING
ENHANCEMENT OF COMPENSATION .
IN MF A N o.23283/2012:
BETWEEN:
SRI. RUDRAGOUD A
S/O VEERABHADRAGOUDA PATI L
AGE: 49 YEARS , OCC: MILK VENDIN G
& PRIVATE SERVICE, R/O HIREBA GEWADI
TALUK AND DISTRICT: BELGAUM .
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23283/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.86/ 2008 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, PART LY ALLOWING
4
THE CLAIM PETIT ION FOR COMPEN SATION AND SEEKING
ENHANCEMENT OF COMPENSATION .
IN MF A N o.23284/2012:
BETWEEN:
SRI. BASAVANT
S/O MALLA PPA HA DIMANI
AGE: 30 YEARS , OCC: MILK VENDIN G & COOLIE
R/O TIGADI , TA LUK: BAILHONGAL
DISTRICT: BELGA UM.
... APPELLANT
(BY SRI SRINAND A. PACHHAPURE, A DVOCATE)
AND
1. SRI MEGHARAJ BHAVASINGH CHAVA N
MAJOR, OCC:BUSI NESS
R/O: GURUWAR PETH, KITTUR
TAL: BAILHONGA L, DIST: BELGA UM.
2. THE DIVISIONAL MANAGER
THE NEW INDIA A SSURANCE CO.LTD.,
D.O.CLUB ROAD , BELGA UM.
3. THE DIVISIONAL CONTROLLER
NWKRTC, DIVISIONAL OFFI CE,
BELGA UM.
... RES PONDENTS
(COMMON)
(BY SMT. ARUNA R. D ESHAPAND E, A DVOCATE FOR R2;
SRI S.C.BHUTI , SRI CHANDRASHEKHAR M.HOSAMANI,
AND SRI V .P.KULKARNI, ADV OCATES FOR R3;
N OTICE TO R1 DISPENS ED WITH)
THIS MISC.FIRST APPEA L No.23284/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.87/ 2008 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
5
MEMBER, ADDL. MACT, BAILHON GAL, PART LY ALLOWING
THE CLAIM PETIT ION FOR COMPEN SATION AND SEEKING
ENHANCEMENT OF COMPENSATION .
IN MF A N o.23285/2012:
BETWEEN:
SMT. ANUSUYA
W/O KUBER BATTAL
AGE: 52 YEARS , OCC: COOLIE
R/O LONDA , TALUK: KHANAPUR
DISTRICT: BELGA UM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23285/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.34/ 2010 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, DISMISSING THE
PETITION FI LED U/S 166 OF IMV ACT.
IN MF A N o.23286/2012:
BETWEEN:
SRI.KUBER
S/O LA XMAN BATTAL
AGE: 56 YEARS
OCC: VEGETABLE VENDOR (N OW NIL)
R/O LONDA , TALUK: KHANAPUR
DISTRICT: BELGA UM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23286/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
6
NO.35/ 2010 ON T HE FILE OF THE S ENIOR CIVIL JUD GE AND
MEMBER, ADDL. MACT, BAILHON GAL, DISMISSING THE
PETITION FI LED U/S 166 OF IMV ACT.
IN MF A N o.23287/2012:
BETWEEN:
SMT.KASTUREWW A
W/O DODDA PPA PATIL
AGE: 44 YEARS , OCC: V EGETABLE V ENDOR (N OW NIL)
R/O: ULLA GADDI KHANAPUR
TALUK: HUKKERI
DISTRICT BELGAUM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23287/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.702/ 2008 ON THE FILE OF THE SENIOR CIVI L J UDGE
AND MEMBER, AD DL. MACT , BAILHONGAL, DISMISSING THE
PETITION FI LED U/S 166 OF IMV ACT.
IN MF A N o.23288/2012:
BETWEEN:
SMT. NEELAWWA
W/O PRAKASH SAT TIGERI
AGE: 43 YEARS , OCC: COOLIE (NOW NIL)
R/O: LONDA, TAL: KHANAPUR
DIST: BELGAUM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23288/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.2344/2009 ON THE FILE OF THE SENIOR CIVIL J UDGE
7
AND MEMBER, AD DL. MACT , BAILHONGAL, DISMISSING THE
PETITION FI LED U/S 166 OF IMV ACT.
IN MF A N o.23289/2012:
BETWEEN:
SMT. NEELAWWA
W/O NAGA PPA HOSUR
AGE: 38 YEARS , OCC: COOLIE (NOW NIL)
R/O: LONDA, TAL: KHANAPUR
DIST: BELGAUM.
... APPELLANT
(BY SRI RAJENDRA R. PATIL, ADVOCATE FOR
SRI SRINAND A. PACHHAPURE, A DVOCATE)
THIS MISC.FIRST APPEA L No.23289/2012 IS FILED
UNDER SECTION 173(1) OF MV ACT, 1988, A GAINST THE
JUDGMENT AND A WARD DATED 23.11.2011 PA SSED IN MVC
NO.2345/2009 ON THE FILE OF THE SENIOR CIVIL J UDGE
AND MEMBER, AD DL. MACT , BAILHONGAL, DISMISSING THE
PETITION FI LED U/S 166 OF IMV ACT.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
THE COURT , D ELIV ERED THE F OLLOW ING:
JUDGMENT
Challenging common judgment and award dated
23.11.2011 passed by Senior Civil Judge and
Addl.M.A.C.T. Bailhongal (for short, 'tribunal') in MVC
nos.83/2008 to 87/2008, 702/2008, 34/2010, 35/2010,
2344/2009 and MVC.No.2345/2009, these appeals are
filed by claimants seeking enhancement of
compensation.
2. Brief facts as stated are that on 25.11.2007,
claimants were traveling in bus bearing No.KA.22/A-
660 on Bailhongal - Hirebagewadi road, at Sampagaon
village, it met with an accident when it collided
against the tractor-trailer. In the accident, claimants
sustained injuries. Despite taking treatment they did
not recover fully. Claiming compensation for the same,
they filed claim petitions under Section 166 of the
Motor Vehicles Act, 1988 (for short, 'M.V.Act') seeking
compensation against owner and insurer of bus. The
bus was hired by NWKRTC which was also arrayed as
party.
3. There were ten claim petitions filed which
arose out of same accident, hence they were clubbed
together. On service of notice, claim petitions were
opposed denying age, occupation, income and
disability sustained by claimants and also liability.
4. Based on pleadings common issues were
framed by the tribunal and separate evidence was
recorded. After trial, tribunal dismissed claim petitions
in MVC nos.702/2008, 34/2010, 35/210, 2344/2010
and 2345/2010 while MVC Nos.83/2008 to 87/2008
were allowed in part granting compensation of
Rs.14,000/- Rs.3,000/-,Rs.11,000/-, Rs.11,135/- and
Rs.7,500/- respectively with interest at the rate of 6%
per annum.
5. Challenging dismissal of claim petitions and
seeking for enhancement of compensation in others,
these ten appeals are filed by claimants.
6. Sri. Rajendra R Patil Advocate for
Sri Srinand A Pachhapure, learned counsel for
claimant/appellants submitted that impugned judgment
and awards passed by the tribunal was contrary to
facts and evidence on record. Tribunal failed to
appreciate grievous nature of the injuries sustained by
claimants and granted meager compensation which
requires to be enhanced. While passing impugned
order, tribunal ignored evidence of Dr. A.B. Patil. Even
occupation and income of claimants was ignored. Even
award towards pain and suffering and other
conventional heads was inadequate. Learned counsel
further submitted that tribunal determined
compensation by referring to medical evidence on
record. It dismissed claim petitions MVC nos.702/2008,
34/2010, 35/2010, 2344/2009 and 22345/2009 only on
the reason that they have failed to establish that
injuries sustained by them were on account of road
traffic accident.
7. On the other hand, Smt. Aruna Deshpande,
learned counsel for respondent no.2 and Sri S.C. Bhuti,
learned counsel for respondent No.3 - NWKRTC
supported the award and opposed interference. It was
submitted that accident occurred near Sampagaon
village, Bailhongal on 25.11.2007 at 7.15 p.m.
Passengers who had sustained injuries in the said
accident were taken to District Hospital, Belgavi for
treatment. However, claimants whose claim petitions
were dismissed claims to have taken treatment at
Ramanagar, Government hospital that too on the next
day of the accident. It was submitted that dismissal of
claim petitions was therefore fully justified.
8. From the above submission occurrence of
accident due to rash and negligent driving of bus driver
resulting in injuries to some of its passengers is not in
dispute. Tribunal after trial arrived at a conclusion that
in some cases claimants established injuries in
question were sustained by them in the accident and
awarded compensation. In other cases, it held that
claimants failed to establish that they had sustained
injuries in the accident and on said finding proceeded
to dismiss claim petitions.
9. Challenging both awards, claimants are in
appeal. From the above, the points that arise for
consideration in these appeals are:
i) Whether claimants are entitled for
enhancement of compensation in MVC
nos.83/2008 to 87/2008?
ii) Whether tribunal was justified in dismissing
claim petitions in MVC nos. 702/2008,
34/2010,35/2010, 2344/2009 and MVC.
no.235/2009?
10. In order to establish injuries and disability
sustained, claimants produced wound certificate, case-
sheet issued by District hospital, Belagavi, medical bill
and disability certificates.
Point no.1 in MFA No.23280/2012:
11. Claimant herein is aged about 40 years, a
vegetable vendor sustained post traumatic laryngeal
edema, contusion over neck and other injuries as
indicated in Ex.P.6 and P.7 - wound certificate and
case-sheet respectively. As per Ex.P.7 claimant has
taken inpatient treatment for a period of 11 days i.e.,
from 25.11.2007 to 05.12.2007. As per opinion of
doctor who issued wound certificate that injuries
sustained are simple in nature. However, Dr. A.B.
Patil, who issued disability has noted cervical
spondylosis, restriction of flexion, extension, rotation,
while issuing disability certificate. During cross-
examination the said doctor has admitted that he did
not administer treatment. Claimant has not produced
any medical bills. However, claimant has taken
inpatient treatment for a period of 11 days. Taking
note of above evidence, tribunal awarded Rs.5,000/-
towards pain and suffering, Rs.500/- towards
nourishment, Rs.2,500/- towards attendant and
conveyance; Rs.3,000/- towards loss of income during
period of treatment and Rs.3,000/- loss of amenities.
On over all consideration award of Rs.14,000/- would
be inadequate especially when claimant has taken
inpatient for a period of 11 days. It is just and
appropriate to award a global compensation
Rs.20,000/- instead.
In MFA no.23282/2012:
12. Claimant in MVC No.85/2008 is aged about
25 years, driver by profession, who sustained
tenderness in the right side of neck, difficulty in
swallowing, blunt trauma to neck. In wound certificate
- Ex.P.8 issued by District Hospital, Belgaum, nature of
injuries is mentioned as simple. However, case-sheet -
Ex.P.9 indicates he took inpatient treatment for five
days. But disability certificate at Ex.P.26 issued by
doctor indicates restriction of flexion, extension and
rotation of cervical spine movements. No medical bills
are produced. But claimant was inpatient for a period
of five days. Tribunal awarded a total compensation of
Rs.11,000/-, which in the facts and circumstances of
this case is on the lower side. Hence, it is just and
proper to award a global compensation of Rs.17,000/-.
IN MFA no.23283/2012:
13. Claimant in MVC No.86/2008 is aged about 45
0years, doing milk vending and in private service. In
the accident he suffered cervical spondylosis at bodies
C4 and C7, lacerated wound over upper lip, grievous
injury to upper teeth, damage to one teeth, injury
head, hands and leg. In the wound certificate, injuries
are described as simple in nature. The case-sheet
issued by District hospital Belagavi shows that claimant
was inpatient for a period of 10 days from 25.11.2007
to 04.12.2007. Claimant has produced medical bills for
Rs.135/-. Considering the same, tribunal awarded
Rs.11,135/-. Considering the duration of inpatient
treatment it is just and award further sum of
Rs.6,000/-. In all, claimant is entitled for a global
compensation of Rs.17,135/- as against Rs.11,135/-
awarded by tribunal.
IN MFA no.23284/2012:
14. Claimant in MVC No.87/2008 is aged about
30 years, doing milk vending and coolie work. In the
accident he sustained cervical spondylosis at bodies of
C5 and C7, pain in nose, left side neck ,contusion over
colour, blunt injury to nose and neck, grievous injury
to right shoulder, left knee, hands left neck. Wound
Certificate -Ex.P.10 and P.11 - case sheet reveals that
claimant was inpatient for a period of three days from
25.11.2007 to 28.11.2007. But injuries sustained are
described therein as simple in nature. Tribunal has
awarded Rs.7,500/- which is on the lower side. In the
considered opinion of this Court, it would be just and
proper to award additional compensation of Rs.6000/-.
In all, claimant is entitled to a global compensation of
Rs.13,500/-.
Point no.1 in all the appeals is answered partly in
affirmative as above.
MFA nos.23283,23285, 23286, 23287, 23288 AND
23289 OF 2012:
Point No.2:
15. Tribunal dismissed claim petitions by
disbelieving claimants assertion that they took
treatment at Ramangar, Government hospital for the
injuries sustained in the accident. In order to
establish their case, claimants produced FIR,
complaint, spot panchanama, Motor vehicle Inspector's
report, wound certificate, medical report, disability
certificate etc. But names of claimants are not
mentioned in the FIR or complaint. Treatment records
indicate that they have taken treatment at Government
hospital, Ramangar, one day after accident. There is no
evidence led to establish that they took treatment for
the injuries sustained by them in the accident that
occurred on 25.11.2007 involving NWKRTC bearing
registration no.KA-22/F-660. Tribunal on proper
appreciation of evidence on record had dismissed claim
petitions. There are no good or sufficient grounds to
interfere with the same. Thus, point for consideration
is answered accordingly.
In the result, I pass the following:
ORDER
i. MFA No.23280/2012 is allowed in part.
Compensation is enhanced to
Rs.20,000/-.
ii. MFA No.23282/2012 is allowed in part.
Compensation is enhanced to
Rs.17,000/-.
iii. MFA No.23283/2012 is allowed in part.
Compensation is enhanced to
Rs.17,135/-.
iv. MFA No.23284/2012 is allowed in part.
Compensation is enhanced to
Rs.13,500/-.
v. The enhanced compensation shall
carry interest at the rate of 6% per
annum.
vi. Insurer is directed to deposit the
compensation amount within three
months from the date of receipt of a
copy of this order.
vii. On deposit, entire enhanced
compensation is ordered to be
released to the claimants.
viii. MFA nos.23281, 23285/2012,
23287/2012 and MFA no.23288/2012
and MFA no.23289/2012 are
dismissed. Judgment and award
passed by tribunal is confirmed.
Sd/-
JUDGE
Ps g *
