Karnataka High Court
Hulugappa S/O Hanumakka vs Dadappeer S/O Budan Sab on 22 February, 2022
Bench: S.Vishwajith Shetty
1 M.F.A.103839/2016
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
M.F.A. No.103839/2016 (MV)
B ETWEEN
HULUGAPPA S/O HANUMAKKA,
AGE: 27 YEARS,
OCC: AGRICULTURE CUM COOLIE,
R/O: BAILUR VILLAGE,
BALLARI TALUK AND DIST. .. APPELLANT
(By SRI. MANJUNATHA G PATIL, ADVOCATE)
AND:
1. DADAPEER S/O BUDAN SAB,
AGE: 32 YEARS,
DRIVER OF THE HERO HONDA
MOTOR CYCLE BEARING REG.
NO.KA-37/U-2284,
R/O: ISLAMPUR, GANGAVATHI IN
KOPPAL DISTRICT.
2. USMAN SAB
S/O RAJA SAB DODDAMANI,
AGE: 47 YEARS,
OWNER OF THE HERO HONDA MOTOR
CYCLE BEARING REG. No.KA-37/7-2284,
R/O: BEHIND GOULI MAHADEVAPPA RICE MILL,
ISLAMPUR, GANGAVATHI IN
KOPPAL DISTRICT.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY ILIMITED,
BALLARI. .. RESPONDENTS
(BY SRI.S.S.JOSHI, ADVOCATE FOR R3;
2 M.F.A.103839/2016
NOTICE TO R1 AND R2 DISPENSED WITH)
THIS M.F.A IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2016
PASSED IN MVC NO.496/2014 ON THE FILE OF THE MEMBER,
MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY
THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is filed by the claimant b eing not
satisfied with the q uantum of compensation
award ed by the M.A.C.T.-XII, Ballari, in
M.V.C.No.496/2014 vide its judgment and award
dated 2 n d January 2016.
2. Though this appeal is listed for ad mission,
with the consent of the learned counsels
app earing for the p arties, it is taken up for final
disposal.
3. The p arties to this appeal are referred to
by their rankings before the Tribunal for the sake
of convenience.
4. The undisputed facts of the case are that
on 16.12.2013 at about 5.30 a.m., when the
3 M.F.A.103839/2016
claimant was returning to his house from his
ag ricultural land , in front of Basanna Swamy's
house, on Ballari-Sirugupp a road in Bailur villag e,
the Hero Hond a motor cycle bearing reg istration
No.KA-37/U-2284, which was driven in a rash and
negligent manner by its rid er d ashed ag ainst the
claimant and caused the accident. In the said
accid ent, the claimant, who was grievously
injured, was immediately shifted to VIMS Hospital,
Ballari and thereafterwards he was treated in a
private hospital at Ballari. It is in this
background, he had filed a claim petition und er
Section 166 of the Motor Vehicles Act claiming
comp ensation from the owner and insurer of the
offending motor cycle b earing registration No.KA-
37/U-2284 and the said claim p etition was p artly
allowed by the Tribunal and a comp ensation of
`1,10,000/- was award ed with interest @ 7% p er
annum. The third respond ent - insurer of the
offending motor cycle was d irected to deposit the
comp ensation amount b efore the Tribunal. Being
4 M.F.A.103839/2016
not satisfied with the quantum of compensation,
the claimant is before this court.
5. Learned counsel for the claimant submits
that the comp ensation award ed by the Tribunal on
all head s is on the lower sid e. He submits that
the Tribunal has not taken into consideration the
disab ility suffered by the claimant which has
resulted in awarding meag er compensation. He
submits that the compensation awarded towards
loss of future earning is also on the lower sid e and
therefore, he p rays to enhance the compensation
amount.
6. Per contra, learned counsel for the third
respondent/insurer has arg ued in support of the
imp ugned judgment and award and submits that
the comp ensation award ed is just and proper and
need s no interference and accordingly, prays to
dismiss the app eal.
7. I have heard the arguments addressed on
both sides and also carefully considered the
material availab le on record.
5 M.F.A.103839/2016
8. The only question that arises for
consid eration in this appeal is with reg ard to the
ad equacy of compensation awarded by the
Tribunal to the claimant, having reg ard to the
injuries suffered and the treatment undergone for
the same by him.
9. The claimant, who was ag ed about 25
years as on the date of accident, had suffered
grievous injuries in the accid ent in question. The
medical evidence available on record would go to
show that the claimant had suffered fracture of
left temporal bone in addition to other injuries.
The claimant was initially admitted for a p eriod of
six d ays in VIMS Hosp ital, Ballari and
thereafterwards he was treated in a p rivate
hosp ital. The medical records would go to show
that he had und ergone CT Scan for the injuries
suffered by him and it was diagnosed that he had
suffered dep ressed fracture of left temporal bone
for which he was treated . The Doctor PW-2 who
was examined b efore the Trib unal has assessed
6 M.F.A.103839/2016
the disab ility suffered by the claimant at 20% to
the p articular limb. The accid ent has occurred in
the year 2014. Therefore, the notional income of
the claimant is required to be taken into
consid eration at `7,500/- per month, having
regard to the income chart maintained by the
Karnataka State Legal Services Authority for the
purpose of disposal of the motor vehicle
accident cases before the Lok Adalat. Though
the Doctor has assessed the physical disability
suffered by the claimant at 20%, having regard
to the fact that PW-2 is not the Doctor, who has
treated the claimant and also considering the
fact that he is not a Neurosurgeon or an
Orthopedic Surgeon, I am of the considered view
that if the whole body disability is considered at
5%, the same would meet the ends of justice.
In the said event, the claimant would be entitled
for a compensation of `81,000/- towards loss of
future income due to physical disability. The
claimant is also entitled for a sum of `30,000/-
7 M.F.A.103839/2016
towards p ain and suffering; `30,000/- toward s
medical and other incidental exp enses and
`20,000/- toward s loss of amenities in future life.
The claimant is also award ed a sum of `15,000/-
towards loss of income during laid-up period .
Therefore, in all the claimant is entitled for a sum
of ` 1,76,000/- as ag ainst compensation of
`1,10,000/- awarded by the Tribunal.
10. The enhanced amount of compensation
shall carry interest @ 6% per annum from the
date of petition till realization.
11. Since the liability is not in d ispute, the
third respond ent/insurer of the offending vehicle
is directed to d eposit the balance of comp ensation
amount with interest b efore the Tribunal within a
period of six weeks from the d ate of receipt of
certified copy of this ord er.
12. Since the enhanced amount is meager,
the claimant is permitted to withdraw the entire
amount before the Tribunal.
8 M.F.A.103839/2016
The Miscellaneous first appeal is according ly
partly allowed.
SD/-
JUDGE
KNM/-
