Karnataka High Court
Suresh Mahabaleshwar Revankar vs Murugeshan M M/S Namakka South India ... on 20 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14924
MFA No. 22052 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.22052/2012(MV-D)
BETWEEN
SRI SURESH MAHABALESHWAR REVANKAR,
AGED 48 YEARS, OCCU: BUSINESS,
R/O: CHIMANALLI, POST: GTELANGAR,
YELLAPUR TALUK, AT PRESENT SONAWADA,
KARWAR.
...APPELLANT
(BY SRI T.M.NADAF, ADVOCATE)
AND
1. MURUGESHAN M, M/S. NAMAKKA SOUTH
INDIA TRASPORT, NO.87/16, 4TH CROSS,
KALSHIPALYAM, BAGANLORE - 02.
2. THE GENERAL MANAGER,
ROYAL SUNDARAM ALLIANCE INS. CO. LTD.,
WHITE ROAD, SUNDARAM TOWERS,
Digitally
signed by NO.16, CHENNAI.
BHARATHI ....RESPONDENTS
HM (By SRI S.S.JOSHI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD:29.04.2011 PASSED IN
MVC.NO.34/2009 ON THE FILE OF THE FIRST ADDITIONAL MOTOR
ACCIDENTS CLAIMS TRIBUNAL, KARWAR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
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NC: 2023:KHC-D:14924
MFA No. 22052 of 2012
JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 29.04.2011
passed in MVC.No.34/2009 by the First Addl. Motor
Accident Claims Tribunal, Karwar, for seeking
enhancement of compensation.
2. On 04.02.2006, the claimant's Jeep bearing
No.KA-31/M-654 was dashed by Tanker No.KA-01/AA-
1510. Therefore, for the damage caused to the jeep, the
claimant being owner of the jeep has filed the claim
petition under Section 166 of Motor Vehicle Act. The
Tribunal has granted compensation of Rs.50,000/- towards
the damages caused to the jeep.
3. Heard the arguments of learned counsel for the
parties and perused the records.
NC: 2023:KHC-D:14924
4. The claimant has not examined the surveyor
and mechanic/garage owner who has repaired the jeep.
Ex.P.5 is the survey report, Ex.P.6 is the loss assessment
report and Ex.P.8 to Ex.P.12 are the photographs and
Ex.P.14 is the photo bills. As per the survey report, the
total cost to get repaired the jeep to make the jeep road
worthy condition has been assessed at Rs.55,000/-. The
jeep is used for commercial purposes and the claimant is
earning livelihood from the jeep and jeep was constrained
to keep in the garage for repair for some weeks.
Therefore, the claimant certainly must have suffered loss
of income under idle charges/loss of revenue, but the
Tribunal has only awarded compensation of Rs.50,000/-.
5. Therefore, considering the overall facts and
circumstances and also the claimant must have spent
some amount towards towing charges and other
miscellaneous expenses and for loss of revenue from jeep,
it is just and proper to award additional global
NC: 2023:KHC-D:14924
compensation of Rs.30,000/-, in addition to what has
been awarded by the Tribunal, along with interest at the
rate of 6% p.a., from the date of petition till the date of
deposit.
6. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
29.04.2011 passed in MVC.No.34/2009 by the
First Addl. Motor Accident Claims Tribunal,
Karwar, is modified.
iii. The appellant/claimant is entitled to additional
global compensation of Rs.30,000/- in
addition to what has been awarded by the
Tribunal along with interest at the rate of 6%
p.a., from the date of petition till the date of
deposit.
NC: 2023:KHC-D:14924
iv. No order as to costs.
v. The appellant/claimant is not entitled for
interest for the delay period of 232 days in
filing the appeal.
vi. Draw award accordingly.
SD/-
JUDGE
PB
