Karnataka High Court
Nirmala D/O Balappa Patil vs Bharamappa S/O Irappa Kaleri on 15 April, 2024
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NC: 2024:KHC-D:6437
MFA No. 101483 of 2017
C/W MFA No. 101484 of 2017
MFA No. 101482 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101483 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101484 OF 2017
MISCELLANEOUS FIRST APPEAL NO. 101482 OF 2017
IN MFA NO.101483/2017
BETWEEN:
NIRMALA D/O. BALAPPA PATIL,
AGE: 18 YEARS, OCC: STUDENT,
R/O. TUMMARGUDDI VILLAGE,
TQ & DIST: BELAGAVI.
...APPELLANT
(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)
AND:
1. BHARAMAPPA S/O. IRAPPA KALERI,
Digitally
signed by AGE: MAJOR, OCC: BUSINESS,
JAGADISH T R R/O. CHANDUR, POST: KHANAGAON K.H,
Location:
HIGH COURT TQ & DIST: BELAGAVI.
OF
KARNATAKA
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD,
HAVING ITS OFFICE, 2ND FLOOR,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI. RAJESH B. RAJANAL, ADV. FOR R2,
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AWARDED BY THE TRIBUNAL BY ALLOWING THE PRESENT APPEAL
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NC: 2024:KHC-D:6437
MFA No. 101483 of 2017
C/W MFA No. 101484 of 2017
MFA No. 101482 of 2017
FILED AGAINST THE JUDGMENT AND AWARD PASSED BY THE X
ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT,
BELAGAVI IN MVC NO.56/2015 DATED 13.01.2017, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101484 OF 2017
BETWEEN:
KAREPPA S/O. APPANNA HOSALLI,
AGE: 48 YEARS, OCC: GOVT.SERVANT (TEACHER),
R/O. MUTAGA ROAD, MUCHANDI VILLAGE,
TQ & DIST: BELAGAVI.
...APPELLANT
(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)
AND:
1. BHARAMAPPA S/O. IRAPPA KALERI,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHANDRU, POST: KHANAGAON K. H,
TQ & DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD,
HAVING ITS OFFICE 2ND FLOOR,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI. KIRANKUMAR S. CHATTIMATH, ADV. FOR R1;
SRI. RAJESH B. RAJANAL, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AWARDED BY THE TRIBUNAL BY ALLOWING THE PRESENT APPEAL
FILED AGAINST THE JUDGMENT AND AWARD PASSED BY THE X
ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT,
BELAGAVI IN MVC NO.57/2015 DATED 13.01.2017, IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:6437
MFA No. 101483 of 2017
C/W MFA No. 101484 of 2017
MFA No. 101482 of 2017
IN MFA NO. 101482 OF 2017
BETWEEN:
SHOBHA D/O. BHARAMAPPA TALWAR,
AGE: 20 YEARS, OCC: STUDENT,
R/O. TUMMARGUDDI VILLAGE,
TQ & DIST: BELAGAVI.
...APPELLANT
(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)
AND:
1. BHARAMAPPA S/O. IRAPPA KALERI,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHANDRU, POST: KHANAGAON K.H.
TQ & DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD,
HAVING ITS OFFICE 2ND FLOOR,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI. RAJESH B. RAJANAL, ADV. FOR R2,
NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION
AWARDED BY THE TRIBUNAL BY ALLOWING THE PRESENT APPEAL
FILED AGAINST THE JUDGMENT AND AWARD PASSED BY THE X
ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT,
BELAGAVI IN MVC NO.71/2015 DATED 13.01.2017, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 101483 of 2017
C/W MFA No. 101484 of 2017
MFA No. 101482 of 2017
JUDGMENT
Though these appeals are listed for admission, with
the consent of the learned counsel for the parties, they are
taken up for final disposal.
2. All the appeals are arising out of a common
judgment and award dated 13.01.2017 passed in
MVC.Nos.56, 57 and 71 of 2015 by the X Addl. District and
Sessions Judge & Member Addl. MACT., Belagavi (for
short, 'Tribunal').
3. Heard Sri.Balagouda A.Patil, learned counsel
appearing for the appellants/claimants and Sri.Rajesh
B.Rajanal, learned counsel appearing for the respondent
No.2/Insurance Company.
4. Learned counsel appearing for the
appellants/claimants submits that the Tribunal has
committed grave in awarding Rs.20,900/- in
MVC.No.56/2015, Rs.25,000/- in MVC.No.57/2015 and
Rs.42,300/- MVC.No.71/2015 and the said compensation
amounts are very meager as the appellants have
NC: 2024:KHC-D:6437
sustained injuries and produced the evidence before the
Tribunal. The Tribunal without appreciating the same in
proper perspective, meager compensation is awarded.
Thus, he seeks to allow the appeals by awarding just and
fair compensation to the appellants/injured by modifying
the impugned judgment and award of the Tribunal.
5. Per contra, learned counsel appearing for
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellants have failed to prove that they
have suffered any fracture or disability due to accident in
question, hence, the Tribunal considering the minor
injuries suffered by the appellants, awarded just and fair
compensation, which does not call for enhancement. Thus,
he seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellants/claimants and
learned counsel appearing for respondent No.2/Insurance
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Company. Meticulously perused the material available on
record.
7. It is not in dispute that the appellants were
traveling in a TATA Maxi cab bearing registration No.KA-
38/1876 on 11.07.2013, at that time, they met with a
road accident and sustained injuries. Considering the
nature and injuries sustained by the appellants and
considering the Wound Certificate at Ex.P14, the Tribunal
has awarded Rs.20,900/- in MVC.No.56/2015, Rs.25,000/-
in MVC.No.57/2015 and Rs.42,300/- in MVC.No.71/2015.
This Court on re-appreciation of the entire evidence
available on record and considering the oral testimony of
PW1 to PW3 and other medical evidence available on
record, is of the considered view that the appellants are
entitled to an additional sum towards compensation for the
injuries sustained by them. Instead of awarding small
quantum of amounts in each of the heads, the interest of
justice would be met by awarding a total/global
compensation in each of the cases. Hence, this Court
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taking note of the injuries referred in Wound Certificate
and also considering the other evidence available on
record, is of the considered view that, it would be just and
appropriate to award additional sum of Rs.35,000/- as
enhanced compensation in each of the appeals.
8. Thus, the appellant in MFA.No.101483/2017
(MVC.No.56/2015) would be entitled to total compensation
of Rs.55,900/- (i.e.Rs.20,900 + Rs.35,000 additional
amount) as against Rs.20,900/- awarded by the Tribunal;
the appellant in MFA.No.101484/2017 (MVC.No.57/2015)
would be entitled to total compensation of Rs.60,000/-
(i.e.Rs.25,000 + Rs.35,000 additional amount) as against
Rs.25,000/- awarded by the Tribunal and the appellant in
MFA.No.101482/2017 (MVC.No.71/2015) would be entitled
to total compensation of Rs.77,300/- (i.e.Rs.42,300 +
Rs.35,000 additional amount) as against Rs.42,300/-
awarded by the Tribunal.
9. In view of the same, the appeals filed by the
claimants are allowed in part. The appellants/claimants are
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entitled to an interest in all the appeals at the rate of 6%
per annum from the date of petition till the realization.
10. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) All the appeals filed by the claimants are allowed in
part.
b) The impugned judgment and award of the Tribunal is
modified holding that the appellant in
MFA.No.101483/2017 (MVC.No.56/2015) would be
entitled to total compensation of Rs.55,900/- as
against Rs.20,900/- awarded by the Tribunal; the
appellant in MFA.No.101484/2017
(MVC.No.57/2015) would be entitled to total
compensation of Rs.60,000/- as against
Rs.25,000/- awarded by the Tribunal and the
appellant in MFA.No.101482/2017
(MVC.No.71/2015) would be entitled to total
compensation of Rs.77,300/- as against
Rs.42,300/- awarded by the Tribunal.
c) The enhanced compensation amount, in all the
appeals, shall carry interest at the rate of 6% per
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annum from the date of petitions till date of
realization.
d) The respondent No.2/Insurance Company, in all the
appeals, shall deposit the enhanced compensation
amount with accrued interest before the Tribunal
within a period of six weeks from the date of receipt
of certified copy of the judgment.
e) On such deposit, the same shall be released in
favour of the appellants/claimants.
f) Apportionment, deposit and disbursement shall be
made as per the award of the Tribunal.
g) Registry to transmit the records, if any, to the
Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
