Smt Shanthamma vs Sri P Govinda Raju
2022 Latest Caselaw 8577 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF JUNE, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

              M.F.A.NO.7884/2007 (MV)

BETWEEN:

SMT. SHANTHAMMA,
W/O VENKATA REDDY,
AGED ABOUT 37 YEARS,
R/AT. BATLAPALLI VILLAGE,
SOMENAHALLI HOBLI,
GUDIBANDA TALUQ,
KOLAR DISTRICT.
                                         ... APPELLANT
(BY SMT. SUGUNA R. REDDY, ADVOCATE)

AND:

1.     SRI. P. GOVINDA RAJU,
       S/O P.B. GOPAL,
       MAJOR IN AGE,
       R/AT. NO.7/100,
       MAIN BAZAAR, PULIVENDALA,
       CUDDAPAH DISTRICT,
       ANDHRA PRADESH.

2.     THE BRANCH MANAGER,
       ORIENTAL INSURANCE CO. LTD.,
       BRANCH OFFICE,
       OPP. TO DISTRICT COURT,
       CUDDAPAH CITY AND DISTRICT,
       ANDHRA PRADESH.
                                   ... RESPONDENTS
(BY SRI. C SHANKAR REDDY, ADVOCATE FOR R2,
R1-SERVED)
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     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
8/4/2005 PASSED IN MVC NO.17/01 ON THE FILE OF THE
CIVIL JUDGE (SD) & JMFC & MEMBER, ADDL. MACT,
CHICKBALLAPUR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPSNSATION AND ETC.,


     THIS M.F.A. COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988, (hereinafter referred to as 'MV

Act' for brevity) by the appellant-claimant challenging the

judgment and award dated 08.04.2005, passed in MVC

No.17/2000, on the file of the Civil Judge (Senior Division)

and Additional Motor Accident Claims Tribunal,

Chickaballapur, (hereinafter referred to as 'the Tribunal' for

brevity) seeking enhancement.

Brief facts:

2. The appellant - claimant submitted that on

13.12.1999, at about 4.30 p.m., the appellant - claimant

were returning on Jeep bearing No.AP.02/C 679 from

Kadiri and near Reddicheruvukatta a lorry bearing

registration No.TN-41C/3396 came from behind and its

driver drove it in a rash and negligent manner and dashed

the jeep in which the appellant-claimant was proceeding.

As a result, the appellant-claimant suffered multiple

injuries and taken treatment in Government Hospital,

Chickballapur and major hospitals at Bangalore.

3. Hence, a claim petition was filed by the

appellant under Section-166 of the M.V. Act, claiming

compensation for the injuries sustained in the accident.

The Tribunal on appreciating the materials on record,

allowed the petition in part, and awarded a Global

Compensation of Rs.5,500/-, including incidental expenses,

along with interest at 6% per annum from the date of

petition till the date of deposit. The Tribunal held

respondent Nos.1 and 2 therein, jointly and severally liable

to pay the compensation.

4. The Tribunal had observed at para-23 of the

impugned judgment that the Doctor was not examined and

also the Wound Certificate is not produced and the

appellant has taken treatment for ENT Injury. Hence,

awarded a Global Compensation of Rs.5,500/- in total.

Considering the material available on record, at this stage

when the appellant has sustained injuries to the head and

taken treatment for ENT, the appellant must have spent

considerable amount towards medical treatment.

Therefore, this Court is of the opinion that the considering

the practical aspects and there might have been certain

follow up treatments. Therefore, a sum of Global

Compensation of Rs.25,000/-, is awarded including

'Incidental expenses' viz., follow-up treatment, loss of

enjoyment in life, conveyance, etc.

6. Hence, the appellant is entitled for a total

Global Compensation, of Rs.25,000/-, along with interest

at 6% per annum from the date of filing of the petition till

deposit.

7. Accordingly, I pass the following:

ORDER

i. The appeal is allowed in part.

ii. The appellant is entitled for an additional

Global Compensation of Rs.19,500/-

(Rs.25,000 - Rs.5,500), along with interest

at 6% per annum from the date of filing of the

petition till deposit, in addition to what has

been awarded by the Tribunal.

iii. Registry is directed to return the Trial Court

Records to the Tribunal, along with certified

copy of the order passed by this Court

forthwith without any delay.

     iv.    Draw award accordingly.




                                        Sd/-
                                       JUDGE




JJ