Karnataka High Court
Seetaram Ganapati Naik vs Dinesh Manjunath Prabhu on 8 April, 2024
-1-
NC: 2024:KHC-D:6258
MFA No. 102446 of 2016
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. 102446 OF 2016 (MV)
BETWEEN:
SEETARAM GANAPATI NAIK,
AGE: 42 YEARS, OCC: AGRICULTURIST/
LABOURER, R/O. BAROOR, TQ: SIRSI,
DIST: UTTAR KANNADA, PIN: 581340.
...APPELLANT
(BY SRI. LAXMESH P. MUTAGUPPI, ADVOCATE)
AND:
1. DINESH MANJUNATH PRABHU,
A/A. 36 YEARS, OCC: OWNER,
R/O. KANSUR, SIDDAPUR TQ.
2. UNITED INDIA INSURANCE CO. LTD,
MOODI COMPLEX, HOSPET ROAD,
SIRSI, U.K, PIN: 581401.
3. NAGENDRA DYAVA NAIK,
Digitally signed A/A. 34 YEARS, RIDER,
by JAGADISH T R R/O. TAREHALLI, PO: KANSUR,
Location: HIGH TQ. SIDDAPUR, U.K, PIN-581340.
COURT OF ...RESPONDENTS
KARNATAKA (BY SRI. S. C. BHUTI, ADV. FOR R2;
NOTICE TO R1 & R3 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ALLOWED BY SETTING ASIDE
OR MODIFYING THE JUDGMENT AND AWARD DATED 21.04.2016 IN
M.V.C NO.142/2015 PASSED BY THE IN COURT OF SENIOR CIVIL
JUDGE AND ADDL. M.A.C.T, SIRSI AND AWARD THE COMPENSATION
AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC-D:6258
MFA No. 102446 of 2016
JUDGMENT
This appeal is filed by the injured/claimant seeking
enhancement of compensation being aggrieved by the
judgment and award dated 21.04.2016 passed in MVC
No.142/2015 on the file of Senior Civil Judge & Addl.
MACT, Sirsi (for short, 'Tribunal').
2. Heard Sri.Laxmesh.P.Mutaguppi learned counsel
appearing for the appellant and Sri.S.C.Bhuti learned
counsel appearing for the respondent No.2/Insurance
Company.
3. Learned counsel for the appellant submits that the
Tribunal has awarded meager compensation of
Rs.27,500/- along with interest at the rate of 6% per
annum, without considering the fractural injuries of the
appellant/claimant. Hence, he seeks to allow the appeal by
enhancing the compensation.
4. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company opposed the appeal
and submits that the Tribunal has recorded its finding at
paragraph No.8 of the judgment and awarded just and
NC: 2024:KHC-D:6258
proper compensation which does not call for any
modification. 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.
6. In a road accident dated 24.11.2013, the
appellant sustained fractural injuries to the right clavicle
bone and swelling, tenderness over the different parts of
the body. Taking note of the injuries and fracture and also
keeping in mind the treatment taken by him, this Court
instead of awarding small quantum of amount on the each
of the heads, it awards total global compensation of
Rs.1,00,000/- as against Rs.27,500/- awarded by the
Tribunal. The enhanced compensation shall carry interest
at the rate of 6% per annum.
7. To the aforesaid extent, the appeal is partly
allowed by modifying the impugned judgment and award
of the Tribunal. The respondent/Insurer shall deposit the
entire compensation amount with accrued interest before
the Tribunal within six weeks from the date of receipt of
NC: 2024:KHC-D:6258
certified copy of this judgment. On such deposit, the same
shall be paid to the appellant/injured. Draw modified
award accordingly.
Sd/-
JUDGE
PMP
Ct-an
