Karnataka High Court
Narendra S/O. Kallappa Shamanur vs Gajaraj S/O. Parameshwarappa Patil on 8 April, 2024
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NC: 2024:KHC-D:6260
MFA No. 102316 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102316 OF 2018 (MV)
BETWEEN:
NARENDRA S/O. KALLAPPA SHAMANUR,
AGE: 21 YEARS, OCC: STUDENT,
R/O. UMASHANKAR NAGAR, 2ND MAIN,
NEAR VIDYA HOSPITAL,
RANEBENNUR-581115, DIST: HAVERI.
...APPELLANT
(BY SRI. ANJANEYA, ADVOCATE)
AND:
1. GAJARAJ S/O. PARAMESHWARAPPA PATIL,
R/O. SHIVA TRADERS, APMC MARKET,
RANEBENNUR-581115, DIST: HAVERI.
2. THE BRANCH MANAGER,
IFFCO TOKIO GENERAL INSURANCE CO. LTD,
OPP. TO KHDC OFF, HOSUR UNAKAL ROAD,
VIDYANAGAR, HUBBALLI-580030.
Digitally signed
by JAGADISH T R ...RESPONDENTS
Location: HIGH (BY SRI. M. Y. KATAGI, ADV. FOR R2;
COURT OF NOTICE TO R1 SERVED)
KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
DATED: 25/04/2018 IN M.V.C NO.561/2017 PASSED BY THE COURT
OF III ADDL. SENIOR CIVIL JUDGE & AMACT AT: RANEBENNUR AND
AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION,
IN THE INTEREST OF JUSTICE AND EQUITY AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6260
MFA No. 102316 of 2018
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 25.04.2018, passed in MVC
No.561/2017 on the file of III Addl. Senior Civil Judge & MACT,
Ranebennur (for short, 'Tribunal').
2. Heard Sri.Anjaneya.M. learned counsel appearing for
the appellant and Sri.M.Y.Katagi learned counsel appearing for
the respondent No.2/Insurance Company.
3. Learned counsel appearing for the appellant submits
that the Tribunal has committed grave error in awarding
meager compensation under the heads of pain and suffering,
loss of amenities and loss of income during laid-up period which
are required to be reassessed by allowing the appeal.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the impugned
judgment and award of the Tribunal. Hence, he seeks to
dismiss the appeal.
5. I have heard the arguments of learned counsel for the
respective parties and perused the material available on record.
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6. The appellant has sustained the following
injuries/fractures:
1. Grazing abrasion wounds over right eye measuring 3 x
2 cm.
2. Cut lacerated wounds over upper lip measuring 1 x 0.5
x 0.2 cm.
3. Abrasion wound over right hand measuring 2 x 2 cm.
4. Abrasion wounds over right wrist measuring 3 x 2 cm.
5. Abrasion wounds over chin measuring 3 x 3 cm.
6. Multiple abrasions over forehead are simple in nature.
The Tribunal taking note of the injuries suffered by the
claimant/injured has awarded total compensation of
Rs.1,43,000/- which is on the lower side. This Court taking note
of the injures referred supra, is of the considered view that the
appellant/claimant would be entitled to an additional sum of
Rs.10,000/- under the head of pain and suffering and the
appellant is also entitled to an additional sum of Rs.25,000/-
under the head of loss of amenities and Rs.26,250/- under
the head of loss of income during laid-up period. Insofar as the
award of compensation under the other heads are unaltered.
Thus, the appellant/claimant would be entitled to modified
compensation under the following heads:
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Particulars Amount
(in Rs.)
Pain and suffering 30,000/-
Medical expenses 39,000/-
Attendant charges 4,000/-
Conveyance charges 5,000/-
Food, diet and nourishment charges 4,000/-
Loss of income during laid-up period (8,750 x 3) 26,250/-
Loss of future earning capacity on account of 57,708/-
permanent physical disability
Loss of amenities and enjoyment of life 30,000/-
Total 1,95,958/-
7. Thus, the claimant/injured would be entitled to total
compensation of Rs.1,95,958/- as against Rs.1,43,000/- awarded
by the Tribunal.
8. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.1,95,958/- as against
Rs.1,43,000/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal within a
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period of six weeks from the date of receipt
of certified copy of this judgment.
e) On such deposit, the same shall be released
in favour of the appellant.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
Ct-an
