Karnataka High Court
Jeevalu vs Jegannathan R And Anr on 5 April, 2024
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MFA No. 201091 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO.201091 OF 2023 (MV-I)
BETWEEN:
SRI JEEVALU
S/O NEELU RATHOD,
AGED AOBUT 53 YEARS,
OCC: AGRICULTURE,
R/O KOODAGI TANDA,
NOW AT HITTNALLI VILLAGE,
DIST: VIJAYPUR-586 101.
...APPELLANT
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
Digitally 1. SRI JEGANNATHAN R.,
signed by
SACHIN AGE: MAJOR, OCC: BUSINESS,
Location: R/O #71/2, ASHOK NAGAR NORTH,
HIGH COURT
OF
KARNATAKA
THANTHONI, KARUR, KARUR,
TAMILNADU-639 005.
2. THE BRANCH MANAGER,
NEW INDIA INSURANCE CO. LTD.,
HANAMASHETTY BUILDING COMPLEX,
VIJAYAPUR-586 101.
...RESPONDENTS
(SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R-2;
V/O DTD. 23.08.2023, NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 201091 of 2023
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE
COMPENSATION AMOUNT BY SUITABLY MODIFYING THE
JUDGEMENT AND AWARD DATED 11.08.2022 PASSED BY THE
PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, VIJAYPUR IN
MVC NO.281/2019.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri S.S. Mamadapur, learned counsel for the
appellant as well as Sri Sharanabasappa M. Patil, learned
counsel for respondent No.2. Notice to respondent No.1
stood dispensed with.
2. The claimant, seeking for enhancement of
compensation, filed the present appeal challenging the
order that is rendered by the Motor Accident Claims
Tribunal-V, Vijayapura in MVC No.281/2019 dated
11.08.2022.
3. Making his submission with regard to the merits
of the matter, learned counsel for the appellant states that
the appellant sustained five simple injuries due to the
accident and took treatment as inpatient for those injuries
for six days. The appellant incurred a sum of Rs.47,630/-
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for his treatment. Learned counsel also states that the
appellant could not attend his normal pursuits and
avocation for considerable period. The Tribunal apart from
granting Rs.47,600/- towards medical expenses, granted
global compensation of Rs.25,000/- only, which is
unjustifiable. Learned counsel submits that for pain and
suffering, for transportation, for attendant charges and
incidental expenditure, the said sum does not
commensurate the loss sustained and therefore, the sum
awarded may be enhanced.
4. On the other hand, Sri Sharanabasappa M.
Patil, learned counsel for respondent No.2 submits that the
amount awarded as compensation i.e., Rs.72,600/- is
highly justifiable.
5. A perusal of the record goes to show that the
appellant took treatment as inpatient from 14.12.2018 to
19.12.2018. It is also clear that he sustained five simple
injuries. Undoubtedly, a sum of Rs.47,630/- was incurred
towards medical expenditure. Having taken treatment as
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inpatient for around six days, the appellant would not have
attended his normal pursuits immediately. He would have
taken bed rest at least for a period of 20 days. Therefore,
considering these aspects, this Court is of the view that
the compensation awarded by the Tribunal is required to
be enhanced by Rs.20,000/-.
6. Thus, the following:
ORDER
i. The appeal is allowed in part.
ii. The amount awarded as compensation by the
Motor Accident Claims Tribunal-V, Vijayapura
through orders in MVC No.281/2019 dated
11.08.2022 is enhanced by Rs.20,000/-.
iii. The enhanced amount shall carry interest at the
rate of 6% p.a. from the date of petition till the
date of deposit.
iv. The second respondent is directed to deposit
the enhanced amount with interest within a
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period of eight weeks from the date of receipt
of copy of this order.
v. On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
JUDGE
LG
