Basavaraj S/O Gundanna Doddamani vs Devendrappa @ Devappa S/O ...
2022 Latest Caselaw 9057 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

          DATED THIS THE 17TH DAY OF JUNE 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR


                 MFA No.32234/2013 (MV)
BETWEEN:
BASAVARAJ
S/O GUNDANNA DODDAMANI,
AGED ABOUT: 28 YEARS,
OCC: WELDING MECHANIC,
R/O H.NO.8-858/2, LOHARGALLI,
MAHADEV NAGAR, ASIF GUNJ,
GULBARGA-585104.
                                           ... APPELLANT
(BY SRI. B NOOR ILYAS, ADVOCATE)

AND:
1.     DEVENDRAPPA @ DEVAPPA
       S/O MALLAPPA POOJARI,
       AGED ABOUT 26 YEARS,
       OCC: DRIVER OF TRACTOR BEARING
       NO.KA-33/T-7490,
       R/O GUNDAPUR VILLAGE,
       TQ. SHAHAPUR-585223,
       DIST: GULBARGA.

2.     DEVENDRAPPA S/O BHEEMANGOUDA,
       AGE: 50 YEARS, OCC: OWNER OF
       TRACTOR BEARING NO.KA-33/T-7490,
       R/O GUNDAPUR VILLAGE,
       TQ: SHAHAPUR-585223,
       DIST: GULBARGA
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3.    THE DIVISIONAL MANAGER,
      UNITED INDIA INSURANCE CO. LTD.
      JAWALI COMPLEX, SUPER MARKET,
      GULBARGA-585101.
                                            ... RESPONDENTS

(BY SRI. MANVENDRA REDDY, ADVOCATE FOR R3;
         NOTICE TO R1 & R2 ARE DISPENSED WITH
                 V/O DATED 27.01.2014)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO
CALL THE RECORDS IN MVC NO.240 OF 2009 ON THE FILE OF
I ADDL. CIVIL JUDGE (SR.DN.) AND MACT AT GULBARGA AND
ALLOW THIS APPEAL SUITABLY ENHANCING THE AMOUNT
CALIMED WITH INTEREST AT 10% PER ANNUM AND MODIFY
THE JUDGMENT AND AWARD DATED 02.11.2010 AND
ACCORDINGLY GRANT SUCH OTHER RELIEF AS THIS HON'BLE
CURT DEEMS FIT ON THE FACTS AND CIRCUMSTANCES OF
CASE.

     THIS APPEAL COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-

                        JUDGMENT

This appeal is filed by the Insurance Company under

Section 173(1) of the Motor Vehicles Act, 1988 ( 'MV Act' for

short) challenging the judgment and award dated 02.11.2010

passed by the Court of I-Additional Civil Judge (Sr.Dn.) and

MACT, Gulbarga ('Tribunal' for short), in MVC No.240/2009,

seeking for enhancement of compensation awarded by the

Tribunal.

2. For the sake of convenience, the parties herein

are referred as per the ranks occupied by them before the

Tribunal.

3. The claimant has filed a claim petition under

Section 166 of the MV Act in respect of the injuries sustained

by him in the accident that occurred on 29.03.2008 involving

a Tractor-Trailer bearing Registration No.KA.33/T.7490. The

Tribunal has awarded a total compensation of Rs.1,06,900/-.

Challenging this award, the claimants have filed this appeal.

4. Heard the arguments advanced by the learned

counsel for the appellant and the learned counsel for

respondent-Insurer. Perused the records.

5. Learned counsel for the appellant would submit

that the compensation awarded under the heads of Pain and

Suffering and Loss of Amenities is on lower side and amount

under these head may be enhanced.

6. Learned counsel for respondent-Insurer would

submit that a global compensation of Rs.25,000/- in addition

may be granted, considering the compensation awarded under

other heads.

7. Looking to the facts and circumstances, it is

evident that the claimant has suffered fracture of 4 th, 5th and

6th ribs. Under the head of Pain and Suffering, the Tribunal

has granted a sum of Rs.16,000/-, which is on lower side.

Further, under the head of Loss of Amenities the Tribunal has

granted Rs.10,000/-, which is also on lower side. Hence,

under the head of Pain and Suffering, the claimant is entitled

for compensation of Rs.35,000/- as against R.16,000/- and

under the head of Loss of Amenities, the claimant is entitled

for Rs..30,000/- as against Rs.10,000/- awarded by the

Tribunal. As such, the claimant is entitled for an additional

amount of Rs.39,000/- and the learned counsel for appellant

submits that, it may be rounded of to Rs.40,000/-.

8. Under these circumstances, the claimant is held

entitled for an additional amount of Rs.40,000/- in addition

to the compensation awarded by the Tribunal. Hence, the

appeal needs to be allowed in part and accordingly, I proceed

to pass the following:-

ORDER

i) The appeal is allowed-in-part.

ii) The judgment and award dated 02.11.2010 passed by the I-Additional Civil Judge (Sr.Dn.) and MACT at Gulbarga in MVC No.240/2009, is modified.

iii) The claimant is held entitled for Rs.40,000/- in addition to the compensation amount of Rs.1,06,900/- awarded by the Tribunal.

iv) The enhanced compensation shall carry interest at the rate of 6% pa., from the date of petition till the date of realisation.

v) The enhanced compensation amount shall be deposited by the respondent-Insurer within six weeks from the date of this judgment.

vi) The Tribunal is directed to release the entire enhanced compensation in favour of the appellant/claimant,

Sd/-

JUDGE

KGR*