N. Somashekarappa vs Raghunath Managing Director
2021 Latest Caselaw 1698 Kant

                                   1




           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 3RD DAY OF MARCH, 2021

                              BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                   M.F.A. No.21966/2011 (MV)

Between

N Somashekarappa
Since deceased by his L.Rs.

1.    Smt.Vanajakshamma
      w/o late N Somashekarappa
      Aged about 57 years
      House wife.

2.    N Shantha Kumar
      s/o late N Somashekarappa
      Aged about 35 years.

3.    N Virupakshappa
      s/o late N Somashekarappa
      Aged about 26 years.

4.    N Basavaraj
      s/o late N Somashekarappa
      Aged about 21 years.

All are agriculturist
r/o Sidiganamola village
Bellary Taluk, Bellary District.               ...Appellants

(By Smt.Soubhagya Vakkund for Sri Y Lakshmikant Reddy, Advocate)
                                 2




And

1.    Raghunath, Managing Director
      M/s. M G B Automotive and owner
      of the bus bearing Reg. No.KA-34/
      5638, r/o Plot No.6 and 15
      Industrial Area, Anantapur Road
      Bellary.

2.    The Branch Manager
      M/s.IFFCO TOKIO
      General Insurance Co. Ltd.,
      No.B-8, 2nd Floor, Near Clock
      Tower, above Sony World Show
      Room, S D Road, Secunderabad.              ... Respondents

(By Smt.Anusha V Sangari for Sri S K Kayakmath, Advocate for R2,
R1 - notice d/w v/o dated 25.6.2014)

     This MFA is filed under Section 173(1) of M V Act against
the judgment and award dated 29.9.2010 passed in MVC
No.773/2008 on the file of the Motor Accident Claims Tribunal
No.X at Bellary, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
      This MFA coming on for admission this day, the Court
delivered the following:


                           JUDGMENT

Though this appeal is listed for admission, with the

consent of learned counsel for the parties, the same is takenup

for final disposal.

2. This appeal is filed against the judgment and award

dated 29.9.2010 passed in MVC No.773/2008 by the Motor

Accident Claims Tribunal No.X at Bellary (for short `Tribunal').

3. Claimant filed a claim petition under Section 166 of

M V Act to award just and proper compensation for damages

caused to the tractor - trailer in an accident. The Tribunal

awarded compensation of Rs.44,400/- with interest at 6% p.a.

from the date of petition till realization. Being aggrieved, the

owner of tractor-trailer is in appeal seeking enhancement of

compensation.

4. I have considered the submissions made by the

learned counsel for the parties.

5. The Tribunal taking into consideration the estimation

of cost of repair awarded compensation of Rs.44,400/-.

However, the Tribunal has declined to award compensation

towards damages on the ground that no positive evidence is

adduced to show that claimant used to give the tractor to others

on hire basis at the rate of Rs.5,000/- per day. The tractor was

lying idle from 4.1.2008 to 18.1.2008. Having regard to the

fact that the tractor was lying idle for a period of fourteen days,

it is just and proper to award an additional compensation of

Rs.10,000/-. Accordingly, I pass the following:

ORDER

i) Appeal is allowed in part.

ii) The judgment and award dated 29.9.2010 passed in

MVC No.773/2008 by the Motor Accident Claims Tribunal No.X

at Bellary is modified.

iii) The appellant is entitled to compensation of

Rs.10,000/- in addition to Rs.44,400/- with interest at 6% p.a.

from the date of petition till realization.

iv) The enhanced compensation to be deposited with

interest by respondent No.2 within six weeks from the date of

receipt of certified copy of this order.

Sd/-

JUDGE bkm