Basavaraj S/O Ninganna @ Ningappa ... vs Mr. Shivaray Shankargouda Patil ...
2022 Latest Caselaw 613 Kant

                              1



          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 13TH DAY OF JANUARY 2022

                          PRESENT

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                             AND

      THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA


            M.F.A. NO.202377/2019(MVC)

BETWEEN:

Basavaraj S/o Ninganna @ Nigappa Malli
Age:26 years, Occ: Agriculture,
R/o: Kumasagi, Tq: Sindagi,
Dist: Vijayapura-586101.
                                            ... Appellant

(By Sri Koujalagi Chandrakant, Advocate)

AND:

       Mr. Shivaray Shankargouda Patil
       Deceased by his LR's
1.     Yashvantray S/o Shivaray Patil
       Age: Major, Occ: Business
       R/o: PO. Allagi, Tq: Afzalpur
       Dist: Gulbarga-585107

2.     The Authorized Officer
       HDFC Ergo Gen. Insurance Co. Ltd.,
       Regd. & Corporate Office 1st floor
       165-166 Backbay Reclamation
       H.R. Parekh Marg, Churchgate
                                 2



      Mumbai-400020.

3.    The Branch Manager
      Oriental Insurance Company Limited
      Vijayapur, Dist: Vijayapura-586101.
                                                  ... Respondents

(By Sri J. Augustin, Advocate for R3; Notice to R1 & R2 is
dispensed with)

        This Miscellaneous First Appeal is filed under Section
173(1) of the MV Act, praying to modify the Judgment and
Award dated: 18-04-2019 passed in MVC No. 930/2015 on the
file of the Court of the IV Additional District and Sessions Judge
and Member of Motor Accident Claims No.XIII, Vijayapura at
Vijayapura and allow this appeal to grant the compensation of
amount by Rs.38,97,335/- only as claimed by the appellant
before this Hon'ble Court.

      This appeal coming on for Admission               this   day,
S.R.Krishna Kumar J., delivered the following:

                          JUDGMENT

This appeal has been filed by the claimant

challenging the impugned judgment and award dated

18.04.2019 passed by the learned Member, Additional

Motor Accidents Claims Tribunal No.13 at Yadgir (for short

'the Tribunal'), in M.V.C.No.930/2015, awarding a sum of

Rs.6,02,665/- together with interest at 9% p.a. from the

date of petition till the date of realization, towards the

injuries sustained by the claimant-appellant in a road

traffic accident that occurred on 06.01.2018.

2. The occurrence of the accident and the liability

of the insurance company to pay compensation as per the

insurance policy are not in dispute and the present appeal

is restricted only to the quantum of compensation awarded

by the Tribunal.

3. Heard the learned counsel for the claimant and

the learned counsel for the insurance company and

perused the material on record.

4. Having regard to the nature of injuries

sustained by the claimant and the quantum of

compensation awarded by the Tribunal, we are of the

opinion that, in the interest of justice it would be

appropriate to award an additional global compensation of

Rs.50,000/- inclusive of interest.

5. In the result, we pass the following:

ORDER

(i) The appeal is allowed in part.

(ii) The impugned judgment and award dated

18.04.2019 passed by the Tribunal is modified by awarding

an additional sum of Rs.50,000/- inclusive of interest by

way of global compensation. It is made clear that this

additional amount payable to the claimant is in addition to

the amount awarded by the tribunal.

(iii) The aforesaid enhanced compensation amount of

Rs.50,000/- shall be deposited within a period of four

weeks from today by the Insurance company before the

Tribunal.

Sd/-

JUDGE

Sd/-

JUDGE

NSP