Karnataka High Court
Shankargouda vs Pratap S/O Beliram Sindhe on 1 February, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 01 S T DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.21554/2013 (MV)
C/W
M.F.A.No.21502/2013 (MV)
IN M.F.A.No.21554/2013
BET WEEN
SRI MANJ APPA,
S/O HEMANNA CHANNANAVAR,
AGE: 31 YEARS,
OCC: CLERK IN SHIVA CO-OP.BANK,
HAVER I, R/O: KERIMATTIHA LLI,
HAVER I, DIST: HAVERI.
...APPELLANT
(BY SRI. RAGHAVENDRA R.PUROHIT FOR
SRI. DINESH M.KU LKARNI, ADVOCATES)
AND
1. SRI. PRATAP S/O B ELIRAM SINDHE,
AGE: MAJOR, OCC: OWNER OF THE VEHICLE
B ERAING REG No.MH-04/CT -0052,
R/O: 104, NEW GREEN WOOD COMPLEX,
N.R./ S.T. KAVERLS HIGH SCHOOL,
MASHACHA PADA ROAD, POST: MIR A,
DIST: T HANE 40 1 10 4, STATE: MAHARASTRA.
2. THE DIV IS IONAL MANAGER,
THE NEW INDIA A SSURANCE COMPANY LIMITED,
SHY MANU R BUILDING, C.G. HOSPITAL ROAD,
NEAR VIDYART H BHAVAN, DAVANGERE,
DIST: DAVANAGER E.
...RESPONDENTS
(BY SRI. N.R.KUPPELUR, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
2
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 19.12.2 012 PASS ED IN
MVC No.39/2012 ON THE FILE OF T HE ADDL. SEN IOR CIVIL
JUDGE AND ADDL. MACT, HAVERI, PARTLY ALLOW ING THE
CLAIM PET IT ION FOR COMPENSAT ION AND S EEKING
ENHANCEMENT OF COMPENSATION.
IN M.F.A.No.21502/2013
BET WEEN
SRI. SHANKARAGOU DA
S/O MALAKANAGOU DA AGASANAHALLI,
AGE: 44 YEARS,
OCC: MANAGER IN SHIVA B ANK, HAVERI,
R/O: B ASAVESHWAR NAGAR, HAVERI,
DIST: HAVER I.
...APPELLANT
(BY SRI. RAGHAVENDRA R.PUROHIT, FOR
SRI. DINESH M.KU LKARNI, ADVOCATES)
AND
1. SRI. PRATAP S/O B ELIRAM SINDHE,
AGE: MAJOR, OCC: OWNER OF THE VEHICLE
B ERAING REG No. MH-04/CT-00 52
R/O: 104, NEW GREEN WOOD COMPLEX,
N.R./ S.T. KAVERLS HIGH SCHOOL,
MASHACHA PADA ROAD, MIRA,
DIST: T HANE 40 1 10 4, STATE: MAHARASTRA.
2. THE DIV IS IONAL MANAGER,
THE NEW INDIA A SSURANCE COMPANY LIMITED,
SHY MANU R BUILDING, C.G. HOSPITAL ROAD,
NEAR VIDYART H BHAVAN, DAVANGERE,
DIST: DAVANAGER E.
...RESPONDENTS
(BY SRI.N.R.KU PPELU R, ADVOCATE FOR R2;
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 19.12.2 012 PASS ED IN
MVC No.17/2012 ON THE FILE OF T HE ADDL. SEN IOR CIVIL
JUDGE AND ADDL. MACT, HAVERI, PARTLY ALLOW ING THE
3
CLAIM PET IT ION FOR COMPENSAT ION AND S EEKING
ENHANCEMENT OF COMPENSATION.
THESE A PPEA LS COMING ON FOR ADMISS ION, T HIS
DAY THE COU RT DELIVERED THE FOLLOW ING:
JUDGMENT
These two appeals are filed by the claimants
seeking enhancement of the compensation award ed by
the Addl. Senior Civil Judge and Addl.M.A.C.T., Haveri
(hereinafter referred to as the 'Tribunal', for brevity)
in MVC Nos.39/2012 and 17/2012 vide its judgment
and award dated 19.12.2012.
2. Though these appeals are listed for
admission, with the consent of the learned counsels
appearing for the parties, the same are taken up for
final disposal and disposed off under a common
order. The parties to these appeals are referred to by
their rankings before the Tribunal for the purpose of
convenience.
3. Brief facts of the case that would be
relevant for the purpose of disposal of these appeals
are:
The claimants in these two cases were traveling
in a motorcycle bearing registration No.KA-27/U-8469
as rider and pillion rider on 30.11.2011 on P.B. road
and when their motorcycle reached near Chatra
village at about 6.15 a.m., the offending Mahindra
Bolero vehicle bearing registration No.MH-04/CT-
0052 which was driven in a rash and negligent
manner by its driver dashed against the motorcycle
and caused the accident. In the said accident, both
the claimants had sustained injuries and they were
admitted in a hospital wherein they were treated for
the injuries sustained by them in the accident. The
claimants thereafterwards had filed two separate
claim petitions under Section 166 of the Motor
Vehicles Act, 1988 (for short, the 'Act') claiming
compensation from the owner and insurer of the
offending vehicle and the said claim petitions were
partly allowed by the Tribunal awarding compensation
of `1,34,828/- to the claimant in MVC No.39/2012
and compensation of `11,000/- to the claimant in
MVC No.17/2012 with interest at 6% per annum from
the date of petition till realization. The liability to pay
the compensation amount was saddled on the 2 n d
respondent. Being not satisfied with the amount of
compensation awarded by the Tribunal, the claimants
are before this Court.
4. Learned counsel for the claimants submits
that the compensation awarded by the Tribunal
compared to the injuries sustained by the claimants
and the treatment undergone by them is on the lower
side. He submits that the Tribunal has not properly
assessed the medical records and accordingly prays
to enhance the compensation.
5. Per contra, learned counsel appearing for
the insurer submits that the compensation awarded is
just and proper and needs no interference and
accordingly prays to dismiss the appeals.
6. I have carefully considered the arguments
addressed on both sides and also perused the
material available on record.
7. The undisputed facts of the case are that in
the accident that had taken place on 30.11.2011
wherein admittedly the offending vehicle bearing
registration No.MH-04/CT-0052 was involved, the
claimants in these cases had suffered injuries. It is
not in dispute that the offending vehicle which had
caused the accident was duly insured by the 2 n d
respondent-insurer and the policy was in force as on
the date of accident. Insofar as the adequacy of
compensation awarded to the claimants by the
Tribunal is concerned, the claimant in MVC
No.39/2012 had suffered the fracture of middle right
tibia and fibula in addition to other simple injuries.
He was admitted in the hospital for a period of 16
days and treated for the said injuries. The claimant
was a clerk in co-operative bank. There is no material
on record to show that the claimant had suffered any
loss of income either during the laid up period or
because of alleged disability suffered by him in the
accident. Insofar as compensation awarded by the
Tribunal towards pain and suffering is concerned, I
am of the considered view that having regard to the
number of fracture injuries and other simple injuries
caused to the claimant, he would be entitled for
enhancement under this head. Even towards
incidental expenses, the claimant is entitled for some
enhancement in the compensation awarded. The
compensation awarded by the Tribunal towards
medical expenses remains unaltered. Since the
claimant is not granted any compensation towards
loss of income either during the laid up period or in
future though he has suffered disability because of
the injuries suffered by him in the accident in
question, I am of the considered view that the
claimant is entitled for additional amount of
compensation towards loss of amenities in future life.
Under the circumstances, I am of the opinion that if
the compensation awarded by the Tribunal is
enhanced globally by another `50,000/-, the same
would meet the ends of justice.
8. Insofar as the claim in MVC No.17/2012 is
concerned, the material on record would go to show
that he had suffered only simple injuries in the
accident in question. Ex.R1 is the wound certificate
issued by the Government Hospital wherein he was
treated immediately after the accident in question. A
perusal of the same would go to show that the
claimant had suffered only simple injuries in the
accident in question. Though the claimant has
produced Ex.P72 to establish that he was referred by
the Government Hospital to a medical hospital for
higher treatment, a perusal of Ex.P72 would go to
show that the said communication is issued in a piece
of white paper and there is no mention of the injuries
sustained. A reading of Ex.P72 does not inspire
confidence on the Court and therefore the same
cannot be relied upon. The Tribunal was therefore
justified in holding that the claimant had only
sustained simple injuries in the accident in question.
However having regard to the fact that the claimant
was admitted for a day in the hospital and he had
incurred medical expenses of `1,000/- for his
treatment, I am of the considered view that if
globally compensation awarded to the claimant is
enhanced by another `10,000/-, it would meet the
ends of justice.
9. The enhanced amount of compensation in
both the appeals shall carry interest at 6% per
annum from the date of petition till realization. Since
the insurer has not disputed the liability, the insurer
of the offending vehicle is directed to deposit the
enhanced amount of compensation with interest
before the Tribunal within a period of six weeks from
the date of receipt of certified copy of this order.
10. Since the enhanced amount of
compensation is meager, the claimants in both cases
are permitted to withdraw the same before the
Tribunal after the same is deposited by the insurer.
The appeals are accordingly partly allowed.
Sd/-
JUDGE
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