Roopli Bai @ Roop Bai vs S Kotresh
2022 Latest Caselaw 12781 Kant

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF NOVEMBER, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                M.F.A.NO.10889/2013 (MV-I)

BETWEEN:

ROOPLI BAI @ ROOP BAI,
W/O LATE SAKRY NAIK,
AGED ABOUT 57 YEARS,
R/O ALUR HATTI-VILLAGE,
DAVANAGERE TQ & DIST. 577002.
                                             ...APPELLANT

           (BY SRI RAMAKRISHNA N, ADVOCATE FOR
              SRI M.R. HIREMATHAD, ADVOCATE)

AND:

1.     S. KOTRESH,
       S/O SIDDAPPA,
       AGED ABOUT 37 YEARS,
       R/O ADAVIHALLI VILLAGE,
       HARAPANAHALLI TALUK,
       DAVANAGERE DIST 577004.
       DRIVER OF TRACTOR-TRAILER BEARING
       REG. NO.MYU-8797 & KA-35-T-965.

2.     G. CHIDANANDAPPA,
       AGED ABOUT 48 YEARS,
       S/O BASAPPA,
       R/O # 96, BASAVESHWARA NAGAR,
       HOSPITAL ROAD, HARAPANAHALLI,
       DAVANAGERE DIST-583138.
       OWNER OF TRACTOR-TRAILER BEARING
       REG. NO.MYU-8797 & KA-35-T-965.
                                         2



3.     THE DIVISIONAL MANAGER,
       ORIENTAL INSURANCE CO.LTD,
       THILUVALLI COMPLEX,
       1ST FLOOR, P.B ROAD,
       DAVANAGERE 577001.
                                                        ...RESPONDENTS

            (BY SRI V.B. SIDDARAMAIAH, ADVOCATE FOR R2,
              SRI C. SHANKARA REDDY, ADVOCATE FOR R3,
                             R1 SERVED)

     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.07.2013
PASSED IN MVC NO.493/2011 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE & MEMBER, MACT-IV, DAVANGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

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


                               JUDGMENT

Heard the learned counsel for the appellant and the

learned counsel for respondent Nos.2 and 3.

2. This appeal is filed challenging the judgment and

award dated 25.07.2013, passed in M.V.C.No.493/2011, on the

file of the Principal Senior Civil and Member, MACT-IV,

Davanagere ('the Tribunal' for short).

3. The factual matrix of the case of the claimant before

the Tribunal is that due to the accident she has suffered fracture

of clavicle and the Tribunal after considering both oral and

documentary evidence placed on record, awarded an amount of

Rs.10,000/- as global compensation and hence the present

appeal is filed before this Court.

4. The learned counsel for the appellant would

vehemently contend that inspite of the doctor has been

examined, the Tribunal has not awarded just and reasonable

compensation. Hence, it requires interference of this Court.

5. The learned counsel for respondent No.2 submits

that no material is placed before the Court for having taken any

treatment, except OPD card and though the disability certificate

is marked, the treated doctor admitted in the cross-examination

that he has not treated the injured and also not given any follow

up treatment.

6. Having heard the respective learned counsel and also

on perusal of the material available on record, the wound

certificate which is marked as Ex.P.5 discloses that she has

suffered fracture of clavicle. No inpatient records are produced

and how long she took the treatment also no material is placed

except OPD card Ex.P.7, Ex.P.8 x-ray film report, Exs.P.10 and

11 medical bills and Exs.P.15 and 16 x-ray films. Having

considered the same, it is a fit case to award an additional

compensation of Rs.10,000/- considering the nature of fracture.

7. In view of the discussions made above, I pass the

following:

ORDER

(i) The appeal is partly allowed.

(ii) The impugned judgment and award of the Tribunal dated 25.07.2013, passed in M.V.C.No.493/2011, is modified granting additional compensation of Rs.10,000/- with interest at 6% per annum from the date of petition till deposit.

(iii) The respondent No.2 is directed to pay the compensation amount with interest within six weeks from today.

(iv) The Registry is directed to transmit the records to the concerned Tribunal, forthwith.

Sd/-

JUDGE

MD