V. Krishnappa vs Chowry
2023 Latest Caselaw 10589 Kant

Karnataka High Court

V. Krishnappa vs Chowry on 14 December, 2023

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                                                        NC: 2023:KHC:45604
                                                      MFA No. 3029 of 2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 14TH DAY OF DECEMBER, 2023

                                          BEFORE
                     THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                   MISCELLANEOUS FIRST APPEAL NO.3029 OF 2016(MV-I)
                   BETWEEN:

                   V. KRISHNAPPA
                   AGED ABOUT 54 YEARS,
                   S/O VENKATAPPA,
                   R/AT HOLLAMBALLI VILLAGE,
                   HUTHUR HOBLI, KOLAR TALUK.
                                                               ...APPELLANT
                   (BY SMT. SWATHI G. HEGDE, ADVOCATE FOR
                   SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)

                   AND:

                   CHOWRY,
                   S/O CHINNA DORAI
                   R/AT DESHIHALLI, KGF ROAD,
                   BANGARPET TALUK.
Digitally signed
by VINUTHA B S
                                                              ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA          (BY SRI. M.N.UMESH, ADVOCATE FOR
                   SRI. S.D.N. PRASAD, ADVOCATE FOR RESPONDENT)

                        THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE
                   JUDGMENT AND AWARD DATED 10.07.2015        PASSED IN
                   MVC NO.192/12 ON THE FILE OF THE 2ND ADDITIONAL
                   SENIOR CIVIL JUDGE, MACT, KOLAR, PARTLY ALLOWING THE
                   CLAIM PETITION FOR COMPENSATION AND SEEKING
                   ENHANCEMENT OF COMPENSATION.

                        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                                   -2-
                                               NC: 2023:KHC:45604
                                            MFA No. 3029 of 2016




                           JUDGMENT

Heard Smt.Swathi G. Hegde, learned counsel who

represented Sri.Pavana Chandra Shetty H., learned counsel on

record for the appellant. Also heard Sri.M.N.Umesh who

represented Sri.D.N.Prasad, learned counsel on record for the

respondent.

2. Disputing the quantum that is awarded as

compensation in his favour, contending that the amount

awarded is disproportionate, the present appeal is preferred by

the claimant. The award that is under challenge is the one in

MVC No.192/2012 dated 10.07.2015 that is issued by the

Motor Accidents Claims Tribunal, Kolar.

3. Making her submission on this day learned counsel

for the appellant states that no amount is awarded under the

head loss of amenities in life though the appellant took

treatment as inpatient for more than 22 days. Learned counsel

states that even the amount awarded under other heads is on

lower side and therefore, there is requirement for enhancement

of compensation under each head.

NC: 2023:KHC:45604

4. Per contra, the submission of the learned counsel

for the respondent is that the appellant has not examined any

Medical Officer to speak about his injuries and disability if any.

Learned counsel also states that even the genuineness of the

documents produced is in dispute. Learned counsel ultimately

states that the award needs no interference.

5. A perusal of record goes to show that the appellant

got examined himself as PW1 and produced Exs.P1 to P15. As

per the contents of Ex.P8-wound certificate the appellant

sustained fracture of femur and crush injury of right leg which

are grievous in nature and lacerated wound over chin which is

simple in nature. As rightly contended by the learned counsel

for the respondent, for the reasons best known, the appellant

has not examined the Medical Officer who examined him and

gave treatment.

6. The Tribunal through the impugned order awarded

a sum of Rs.30,000/- as compensation under the head pain and

suffering, Rs.17,648/- towards medical expenses, Rs.9,200/-

towards incidental expenses, Rs.18,000/- towards loss of

income during treatment period and Rs.1,000/- towards

NC: 2023:KHC:45604

conveyance expenses. In all, the Tribunal awarded a sum of

Rs.75,848/- as compensation.

7. Having considered the nature of injuries sustained,

this Court is of the view that, compensation awarded under the

head pain and suffering requires enhancement. Thus, the

compensation awarded under the head pain and suffering for

the two grievous injuries and one simple injury is fixed at

Rs.60,000/-. Also under the head loss of amenities in life, a

sum of Rs.5,000/- is awarded as compensation. Therefore, the

enhancement of compensation is Rs.35,000/-. This Court does

not find any other grounds to interfere.

8. Thus, the following

ORDER

(i) The appeal is allowed in part.

(ii) The compensation awarded by the Tribunal is enhanced by Rs.35,000/-.

(iii) The enhanced amount shall carry the same interest as awarded by the Tribunal.

NC: 2023:KHC:45604

(iv) The award amount of the Tribunal in all other aspects holds good.

Sd/-

JUDGE

AP CT:TSM