Karnataka High Court
Parameshwarappa S/O R.P. Sanjeevappa vs Goudappa S/O Dharmappa on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:14998
MFA No. 25071 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 25071 OF 2012
BETWEEN
PARAMESHWARAPPA S/O R.P. SANJEEVAPPA,
AGE: 41 YEARS, OCC: POLICE CONSTABLE,T.B.DAM,
TQ: HOSPET, DIST: BELLARY.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND
1. GOUDAPPA S/O DHARMAPPA,
DRIVER OF LORRY BEARING NO.
KA-35/A-6330, R/O: NEAR ANJINEYA TEMPLE,
P.K.HALLI,TQ: HOSPET, DIST: BELLARY.
2. VEERESH S/O CHAMUNDAMMA,
OWNER OF LORRY NO.
KA-35/A-6330, R/O: NO.44, WARD NO.2,
PAPINAYAKANAHALLI POST,
TQ: HOSPET, DIST: BELLARY.
Digitally
signed by 3. THE LEGAL MANAGER,
ROHAN
HADIMANI SHRIRAM GENERAL INSURANCE CO.LTD.,
T 10003-E-S.RIICO INDUSTRIAL AREA,
SITAPUR JAIPUR, RAJASTHAN-302011.
....RESPONDENTS
(BY SRI.NAGARAJ .C. KALLOORI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 DISPOSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DTD:14-12-2011 PASSED IN MVC
NO.554/2011 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND
JMFC., HOSPET, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:14998
MFA No. 25071 of 2012
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 02.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURTDELIVERED THE FOLLOWING
JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 14.12.2011 passed by the
tribunal, in MVC No.554/2011 seeking enhancement of
compensation.
2. Heard the arguments and perused the material
placed before the Court.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
4. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries.
i) Fracture of tibia of left leg.
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ii) Fracture of third metatarsal bone of left foot and
swelling of second toe.
iii) Abrasion injury over right elbow right knee
swelling and tenderness over the lower thigh of the left
leg.
5. The tribunal has awarded global compensation
of Rs.50,000/- along with interest at the rate of 6% p.a.
6. Considering the nature of injuries sustained,
compensation awarded by tribunal is lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
7. Considering the injuries sustained, a
compensation of Rs.50,000/- towards pain and suffering,
Rs.50,000/- towards loss of amenities are awarded.
Further, Rs.15,000/- towards incidental expenses like
food, nourishment, traveling, attendant charges, etc., is
awarded.
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8. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 50,000/-
suffering.
2. Towards loss of amenities. 50,000/-
3. Towards incidental charges like 15,000/-
attendant charges, food,
nourishment, conveyance, etc.,.
Total: 1,15,000/-
9. Therefore, the claimant is entitled for total
compensation of Rs.1,15,000/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.50,000/- global compensation
awarded by the Tribunal. The Insurance Company is
directed to deposit the compensation within eight weeks
from the date of receipt of a certified copy of this
judgment.
10. In the result, I proceed to pass the following:
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ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
14.12.2011 passed by the Principal
Senior Civil Judge and JMFC, Hospet
in MVC No.554/2011 stands
modified.
iii) The claimant is entitled for total
compensation of Rs.1,15,000/- along
with interest at the rate of 6% p.a.
from the date of petition till its
realization.
iv) The claimant is not entitled for
interest for the delayed period of 219
days in filing the appeal.
v) The insurance company shall deposit
the amount within a period of eight
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weeks from the date of receipt of a
copy of this judgment.
vi) Send back the trial Court records
along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
SD/-
JUDGE
bnv*
