Karnataka High Court
Sri Papanna S/O Sannabiregowda vs Dr Shivegowda on 7 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07th DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
M.F.A.NO.9082/2011 (MV)
BETWEEN:
SRI. PAPANNA
S/O SANNABIREGOWDA,
AGED ABOUT 34 YEARS,
R/O KALLAREKOPPALU VILLAGE,
KASABA HOBLI, ARAKALGUD TALUK,
HASSAN DISTRICT-573102. ...APPELLANT
(BY SRI.GIRIDHAR H, ADVOCATE)
AND:
1. DR. SHIVEGOWDA
S/O R.T.VENKATEGOWDA,
MAJOR IN AGE,
R/AT NO. 5407,
MAHAVEERA KALYANA
MANTAPA ROAD,
RAVINDRA NAGARA,
HASSAN-573201.
2. NATIONAL INSURANCE CO. LTD.,
NO.10, PLAT NO.1-1-106,
NO.1, B.M.C., HOUSE,
KANNAT PLACE,
NEW DELHI-110001.
REPRESENTED BY
THE NATIONAL INSURANCE
COMPANY LIMITED,
SRI. MANJUNATHESHWARA COMPLEX,
2
BUS STAND ROAD,
HASSAN-573201. ...RESPONDENTS
(BY SRI.L.SREEKANTA RAO, ADV., FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF M.V. ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.05.2011 PASSED IN
MVC NO.86/2010 ON THE FILE OF PRESIDING OFFICER, FAST
TRACK COURT AND MACT, ARKALGUD, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
JUDGMENT
The claimant has preferred this appeal seeking
enhancement of compensation awarded in MVC
No.86/2010 by judgment and award dated
17.05.2011 passed by the Fast Track Court and MACT,
Arkalgud.
2. Detailed reference to the facts of the case
resulting in the accident and filing of claim petition is
not necessary in view of the narrow scope of dispute
raised in this appeal.
3. Two grievances made out by the learned counsel
for the appellant is that under the head 'pain and
sufferings' and under the head 'loss of income during
the period of treatment', learned Tribunal has
awarded a lower compensation on both the heads and
therefore, the same is required to be enhanced and
the appeal is required to be allowed to the said extent.
4. I have heard Sri. Giridhar H, learned counsel for
the appellant and Sri. L. Sreekanta Rao, learned
counsel for the 2nd respondent-insurance company.
5. Ex.P6 is the wound certificate pertaining to the
claimant/appellant. It shows that he has suffered two
grievous injuries both on the face namely "un-
displaced fracture of para sympisis portion of
mandible and fracture of anterior lateral wall of
maxillay antrum, lateral wall of orbit and zygoma on
right side".
6. Learned Tribunal has awarded a sum of
Rs.25,000/- under the head 'pain and sufferings' and I
am of the view that the sum awarded under the said
head is on the lower side and it is required to be
enhanced by another Rs.15,000/- under the head
'pain and sufferings'.
7. For the loss of income during laid up period, the
learned Tribunal has awarded Rs.6,000/- which is
again on the lower side. The accident has taken place
on 07.04.2010 and therefore, the notional income of
Rs.5,500/- per month is required to be taken for the
claimant. Because of the fracture of several bones in
his face, he would not have been able to do any
gainful employment for a period of three months.
Hence, he is entitled to the compensation of
Rs.16,500/-(Rs.5,500x3) under the head 'loss of
earning during laid up period'. Since, the Tribunal has
already awarded Rs.6,000/-, enhanced compensation
under the head 'loss of income during laid up
period' is Rs.10,500/-. Thus, in all, he is entitled for
a total enhanced compensation of Rs.25,500/-
(Rs.15,000/- + Rs.10,500/-) and the same shall carry
6% interest per annum from the date of petition till
payment. Hence, the appeal is allowed in part to the
said extent.
The records shall be transmitted to the learned
Tribunal forthwith.
Sd/-
JUDGE
JS/NM
