Karnataka High Court
Sri. Ningappa S/O Basappa Alias ... vs M/S Tungabhadra Power Co Pvt.Ltd on 15 February, 2022
Bench: S.Vishwajith Shetty
1 M.F.A.100478/2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15 T H DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.100478/2021 (MV)
BET WEEN
SRI. NINGA PPA S/O B ASAPPA @
SIDDAL INGA PPA LAKKUNDI,
AG: 47 Y EARS, OCC: AGRICU LTU RIST & COOL IE,
R/O: T OLAL I V ILLA GE, SHIRAHATT I TALU K,
DIST: GADAG. .. APPELLANT
(BY SRI.CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND
1. M/S. TU NGAB HADRA POWER CO. PVT .LTD.,
#9/ 1, CLASSIC COU RT, 2ND FLOOR,
RICHMOND ROAD, B ENGALU RU -5600 25.
(OWNER OF THE VEHICLE BEARIN G
No.KA-03/MH-9324)
2 . THE BRANCH MANAGER,
U NIT ED INDIA INSU RANCE CO. LT D.,
NEAR ASHOK CIRCLE,
RANEB ENNU R-581115.
3 . THE DIV IS ION MANAGER,
U NIT ED INDIA INSU RANCE CO. LT D.,
ENKAY COMPLEX , KESHWAPU R,
HUBB ALLI-5800 23. ...RESPONDENTS
(BY SRI.S.S.JOSHI, ADVOCATE FOR R2 AND R3;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 15.12.2020 PASS ED IN
2 M.F.A.100478/2021
MVC No.580/20 18 ON THE FILE O F T HE II ADDIT IONAL
SENIOR CIV IL JU DGE AND ADDIT IONAL MOT OR ACCIDENT
CLAIMS T RIB UNAL, RANEB EENNNU R, PARTLY ALLOW ING THE
CLAIM PET IT ION FOR COMPENSAT ION AND S EEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEA L COMING ON FOR ORDERS, THIS DAY THE
COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The instant ap peal is filed by the claimant
challenging the quantum of compensation award ed by
the Additional M.A.C.T., Raneb ennur (for brevity "the
Tribunal") in M.V.C.No.580/2018 vid e its judgment and
award d ated 15 t h December 2020.
2. Though this appeal is listed for orders, with
the consent of the learned counsels appearing for the
parties, the appeal is taken up for final disposal.
3. The parties to this appeal are referred to by
their rankings before the Tribunal for the sake of
convenience.
4. Brief facts of the case that would be
relevant for the purpose of disposal of this appeal
are:
3 M.F.A.100478/2021
On 21.06.2017 at 21:45 hours, the claimant and
his brother were traveling in their motor cycle
bearing registration No.KA-26/X-0284 from Hadagali
to Tolali. The claimant was riding as a pillion rider in
the said motor cycle and when the motor cycle
reached near Rajawal-Tolali road near Hammigi
Bridge, the offending Scorpio car bearing registration
No.KA-03/MH-9324 which was driven in a rash and
negligent manner by its driver dashed against the
motor cycle in which the claimant was riding and
caused the accident. Due to the said accident, the
claimant was grievously injured and he was treated in
a private hospital. It is under these circumstances,
he had filed a claim petition under Section 166 of the
Motor Vehicles Act, 1988, claiming compensation of
`9,14,000/- with interest.
5. The Tribunal had partly allowed the claim
petition and awarded a compensation of `3,80,450/-
with interest @ 9% per annum from the date of
petition till realization. Being not satisfied with the
4 M.F.A.100478/2021
quantum of compensation, the present appeal is filed
by the claimant.
6. Learned counsel for the claimant submits that
the compensation awarded by the Tribunal is on the
lower side. He submits that the Tribunal has not
awarded any compensation towards pain and
suffering. He submits that even the compensation
awarded towards loss of income during laid-up period
is on the lower side.
7. Per contra, learned counsel appearing for the
insurer has argued in support of the impugned
judgment and award and submits that the
compensation awarded by the Tribunal is just and
proper and accordingly he prays to dismiss the
appeal.
8. I have carefully appreciated the arguments
addressed on both sides and also perused the
material available on record.
5 M.F.A.100478/2021
9. The only question that arises for
consideration in this appeal is with regard to the
adequacy of compensation awarded by the Tribunal.
The liability to pay compensation is not in dispute.
The claimant, who had suffered grievous injuries in
the accident in question, was admitted in a private
hospital for about eight days and the Doctor, who
had treated him, has deposed before the Tribunal
that the disability caused to the claimant having
regard to the injuries suffered in the accident was to
the tune of 30% to a particular limb. The claimant
had incurred medical expenses to the tune of
`1,48,000/-. The Tribunal has accordingly awarded
the same. The Tribunal has also awarded just and
proper compensation towards incidental expenses,
towards loss of future income due to disability and
towards loss of amenities in future life. However, the
Tribunal has not awarded any compensation to the
claimant towards pain and suffering.
6 M.F.A.100478/2021
10. In my considered view, having regard to the
nature of injuries and the treatment undergone by
him, the claimant is entitled for a sum of `25,000/-
as compensation towards pain and suffering. Further
taking the notional income of the claimant at
`10,250/-, the Tribunal has awarded compensation
towards loss of income during laid up period for one
month. Having regard to the nature of injuries and
the treatment undergone by the claimant, the
Tribunal ought to have awarded the loss of income
during laid up period at least for a period of two
months. Therefore, even under the said head, the
claimant is entitled for an additional sum of
`10,250/-. In all, the claimant is entitled for
enhanced compensation of `35,250/- over and above
the compensation of `3,80,450/- awarded by the
Tribunal. The enhanced amount of compensation
shall carry interest @ 6% per annum from the date of
petition till realization.
7 M.F.A.100478/2021
11. Since the liability to pay compensation is not
in dispute, the insurer 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.
12. The enhanced compensation amount being a
meager amount, the claimant is entitled to withdraw
the entire enhanced compensation amount before the
Tribunal.
The Miscellaneous first appeal is partly allowed.
The judgment and award dated 15 t h December 2020
passed by the Additional M.A.C.T., Raneb ennur in
M.V.C.No.580/2018 is accordingly modified.
Sd/-
JUDGE
KNM/-
