Satyavva D/O Limbanna ... vs Sadrusab S/O Husensab Ani
2022 Latest Caselaw 927 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 20 T H DAY OF JANUARY, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

               M.F.A. No.23387/2012 (MV)

BET WEEN

SMT . SATYAVVA,
D/O LIMB ANNA VARAVANNAVAR,
AGE: 24 YEARS, OCC: NOW NIL,
R/O HAGGADEVA RA ONI SAU NDATTI,
DIST: B ELAGAVI.
                                             ...APPELLANT
(BY SMT.SHAILA BELL IKATTI, ADVOCAT E)

AND

1.    SADRU SAB S/O HUSENSAB ANI,
      AGE MAJOR, OCC: B USINESS,
      R/O HAGGADEVA R A ONI SAUNDATTI,
      TQ: SAU NDAT TI, DIST: B ELAGAVI
      (OWNER OF B AJAJ APE AU TO RICKSHAW
      B EARING ITS REG ISTRATION KA-2 2/ 3504)

2.    THE NATIONAL INSURANCE COMPANY LTD.,
      APMC ROAD SAU NDATTI,
      THROUGH DIVIS IONAL MANAGER,
      (INSURER OF B AJAJ APE AU TO RICKSHAW
      B EARING ITS REG ISTRATION KA-2 2/ 3504)

                                     ...RESPONDENTS
(BY SMT.ARUNA R.DESHAPANDE, ADVOCATE FOR R2;
 NOTICE TO R1 SERVED)
(THROU GH VC)

     THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 30.04.2 012 PASS ED IN
MVC No.155/2008 ON THE FILE OF THE ADDIT IONA L
                                        2




SENIOR   CIV IL JUDGE  AND   MEMB ER,   ADDL.     MACT,
SAU NDATTI, PARTLY ALLOWIN G TH E CLAIM PET IT IO N FOR
COMPENSATION     AND   SEEKING     ENHANCEMENT       OF
COMPENSATION.

     THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:

                                JUDGMENT

The claimant being not satisfied with the

comp ensation amount awarded by the Addl.Senior Civil

Judge and Ad ditional MACT, Saund atii in MVC

No.155/2008, vide judgment and award dated

30.04.2012 has preferred this app eal seeking

enhancement of comp ensation.

2. Brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

On 10.08.2007, the claimant and her father had

gone to their land situated near Sangappana Kolla

and at about 12.30 p.m, when they were returning

from their land, the offending autorickshaw bearing

registration No.KA-24/3504 which was driven in a

rash and negligent manner by its driver dashed

against the claimant and caused accident. The

claimant had suffered grievous injuries in the said

accident and immediately she was shifted to a private

hospital, wherein she was treated for her injuries and

she also had undergone a operation. The claimant

thereafterwards filed a clam petition under Section

166 of the Motor Vehicles Act, 1988, claiming

compensation of ` 9,75,000/- from the owner and

insurer of the offending autorickshaw. The Tribunal

vide impugned judgment and award had partly

allowed the claim petition awarding a compensation

of ` 1,50,000/- to the claimant with interest at 6%

per annum from the date of petition till realization.

Being not satisfied with the compensation amount,

the claimant is before this Court.

3. Learned counsel for the appellant-claimant

submits that the claimant was aged about 20 years

as on the date of accident and because of the

accident, she has suffered disfigurement on her face

and her marriage prospects have been diminished.

She submits that the Tribunal has not awarded any

compensation towards loss of amenities and also

towards loss of income during laid up period and

therefore the appeal may be allowed.

4. Per contra, learned counsel appearing for

the insurer submits that the Tribunal had awarded

just and proper compensation on all the heads and

therefore there is no merit in this appeal.

5. I have carefully appreciated the arguments

addressed on both sides and also perused the

material evidence available on record.

6. The accident in question is not in dispute,

so also the involvement of the offending

autorickshaw bearing registration No.KA-24/3504 in

the said accident. The claimant who was injured in

the said accident had suffered as many as five

injuries and injury No.5 i.e. fracture of mandible of

both sides was considered as grievous injury. The

material on record would go to show that the

claimant had taken prolonged treatment for the said

injury. The doctor who has been examined has stated

that the disability suffered as result of injury on the

face is 44%. The Tribunal has not granted any

compensation towards loss of future earning capacity

on the ground that the disability caused to the

claimant will not come in the way of her earning. The

Tribunal has also not granted any compensation

towards loss of amenities in the future life. The

claimant who has suffered grievous injury on her face

is definitely entitled for loss of future amenities in

life. It cannot be lost of sight of the fact that because

of the disability suffered in the face, the claimant

would not be able to lead normal life in the future

and she would be definitely facing problem and

inconvenience in eating, drinking etc. Under the said

circumstances, even if it is considered that the

disability caused to the claimant will not affect her

earning capacity, it cannot be said that the said

disability will not affect the normal future life of the

claimant. Under the circumstances, I am of the

considered opinion that the claimant is entitled for a

sum of ` 40,000/- towards loss of future amenities in

her life.

7. The Tribunal has not awarded any

compensation to the claimant towards loss of earning

during laid up period. Under the said head, the

claimant would be entitled for a sum of `15,000/-.

This Court cannot loose sight of the fact that as a

result of injury, the claimant had not only suffered

disfigurement on her face but the same would

definitely affect her marriage prospects. The Tribunal

had awarded compensation of `50,000/- towards loss

of marriage prospects. In my considered view if the

claimant is awarded another sum of ` 30,000/- under

the said head, the same would meet the ends of

justice.

8. Insofar as other heads on which Tribunal

had awarded granted compensation is concerned, the

same is just and proper and needs no interference.

The claimant is therefore entitled for additional sum

of `85,000/- as compensation over and above the

sum of `1,50,000/- awarded by the Tribunal.

Therefore the claimant is held entitled for a total

compensation of `2,35,000/- as against `1,50,000/-

awarded by the tribunal.

9. The enhanced compensation shall carry

interest at 6% per annum from the date of petition

till realization. The liability of the insurer is not

disputed and therefore the 2 n d respondent - 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 the order.

The order passed by the Tribunal relating to

disbursement and deposit etc., remain unaltered and

same would also be applicable even to the enhanced

amount of compensation. The appeal is accordingly

partly allowed.

Sd/-

JUDGE AC/ CL K