Karnataka High Court
Srinivasa vs P Muthuygownder on 2 January, 2023
Bench: M.I.Arun
-1-
MFA No. 4018 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 4018 OF 2019 (MV-I)
BETWEEN:
SRINIVASA
S/O KARIAJJAPPA,
AGED ABOUT 54 YEARS,
BUSINESS & MILK VENDOR,
R/AT KELAGOTE
C.K.PURA MAIN ROAD,
Digitally signed
by V CHITRADURGA-577501
MANJUSHA BAI
Location: High ...APPELLANT
Court of
Karnataka (BY SRI. DHEERAJ A.K., ADVOCATE FOR SRI. KAMATAR
SHIVARAYAPPA LAXMAPPA., ADVOCATE)
AND:
1. P MUTHUYGOWNDER
S/O PUNNAGOWNDER
MAJOR
OWNER OF LORRY BEARING REG.NO.TN/52/T-1699,
R/O NO.2/75 N,
NO.2/94 KOTTAI MUNIAPPAN,
KATTU VALAVU VEERAKKAL,
METTUR TALUK,
TAMIL NADU-636401
2. THE BRANCH MANAGER
NATIONAL INSURANCE CO.TD.,
1ST FLOOR, JAGALUR MAHALINGAPPA TOWERS,
-2-
MFA No. 4018 of 2019
ABOVE HDFC BANK LTD.
DAVANAGERE ROAD,
CHITRADURGA-577 501.
...RESPONDENTS
(BY SMT. SUJATHA PANDIT FOR
SRI. K. SRIDHARA, ADVOCATE FOR R2;
R1 - SERVED, UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28/11/2018, PASSED IN MVC
NO.786/2017, ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL IS COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated 28.11.2018
passed in MVC.No.786/2017 by I Additional Senior Civil Judge
and Additional MACT-IV, at Chitradurga, the present appeal is
filed by the petitioner therein for enhancement of compensation
awarded.
2. For the sake of convenience, the parties are referred to
as per their ranking before the Tribunal.
MFA No. 4018 of 2019
3. The brief facts of the case are that, on 29.12.2016, the
petitioner was traveling in a car bearing registration No.KA.04-
MJ-6996 from Chitradurga to Tumkur. At about 5.20 p.m,
when he was near Imangala, the car met with an accident with
the Tanker lorry bearing No.TN-52/T-1699 and the petitioner
sustained grievous and simple injuries to his head. Hence, he
filed MVC.No.786/2017.
4. Based on the pleadings and the evidence let in, the
Tribunal has awarded a compensation of Rs.1,98,538/- with
interest at the rate of 6% per annum. Not satisfied by the
same, the present appeal is filed.
5. The case of the petitioner is that the trial Court has
awarded a meager compensation and has not taken all the
facts while awarding the said compensation. It is further
submitted that because of the injuries, he could not resume his
work for a period of six months and there has been loss of
earnings and the same has not been taken into consideration
while awarding the compensation. It is further submitted that
he was in-patient for about 10 days and attendant charges has
MFA No. 4018 of 2019
not been awarded. On the said grounds, it is prayed that the
compensation be enhanced.
6. Per contra, learned counsel for Insurance Company
justifies the impugned order and prays for dismissal of the
petition.
7. Heard the learned counsel for the parties.
8. Admittedly, the petitioner sustained injuries in the
accident on 29.12.2016 and the said injuries are as follows:
i. CLW over the left eyebrow.
ii. CLW over the left eyelid.
iii. abrasion over the left shoulder.
Report from Sridevi Institute of Medical Sciences,
Tumkur.
iv. # of Gygomatic complex.
v. # of frontal bone.
vi. Extra articular # of both styloid bone.
9. However, no evidence is let-in to show any permanent
disability because of the said injury, the period for which he
was not able to go for work nor the income that he was
earning. Hence, the Tribunal has awarded a sum of
Rs.63,538/- towards medical expenses based on the medical
MFA No. 4018 of 2019
bills submitted by the petitioner and Rs.15,000/- towards
Nourishment and Miscellaneous Expenses, Rs.50,000/- towards
Pain, Injuries and sufferings and Rs.70,000/- towards loss of
amenities, enjoyment of life and discomforts. I do not find any
infirmity in the said compensation awarded by the Tribunal.
10. However, given the nature of injuries, though the
appellant has not let-in any evidence, it would be reasonable to
conclude that he could not have worked for a period of 6
months. As appellant has not produced any evidence to show
his income, the accident being of the year 2016, his income is
taken at Rs.9,500/- per month and accordingly a sum of
Rs.57,000/- is awarded to the appellant towards loss of
earnings. Further, the appellant is said to be an in-patient for a
period of 10 days in the hospital and attendant charges of
Rs.8,000/- is hereby awarded to the appellant. Accordingly, a
sum of Rs.65,000/- is awarded to the appellant over and above
the amount awarded by the Tribunal. Therefore, the petitioner
would be entitled to a total compensation of Rs.2,63,538/- as
against Rs.1,98,538/- awarded by the Tribunal.
11. Hence, the following:
MFA No. 4018 of 2019
ORDER
i. The appeal is allowed-in-part.
ii. The total compensation awarded by the
Tribunal is modified and enhanced to
Rs.2,63,538/- as against Rs.1,98,538/- which
shall carry interest at the rate of 6% per
annum from the date of the claim petition till
its realization.
iii. The same shall be paid to the appellant
by the respondent within a period of six weeks
from the date of receipt of certified copy of this
order.
iv. Draw modified award accordingly.
Sd/-
JUDGE
AG
