Sri. Choutagi Sangappa S/O Pakeerappa vs R.M. Karibasaiah S/O Kotraiah
2024 Latest Caselaw 10765 Kant

Karnataka High Court

Sri. Choutagi Sangappa S/O Pakeerappa vs R.M. Karibasaiah S/O Kotraiah on 19 April, 2024

                                             -1-
                                                           NC: 2024:KHC-D:6546
                                                     MFA No. 103014 of 2017




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 19TH DAY OF APRIL, 2024

                                           BEFORE
                      THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                MISCELLANEOUS FIRST APPEAL NO. 103014 OF 2017 (MV-I)

               BETWEEN:

               SRI. CHOUTAGI SANGAPPA S/O. PAKEERAPPA,
               AGE: 48 YEARS, OCC: AGRICULTURIST,
               R/O. NELKUDRI VILLAGE, H.B. HALLI TALUK,
               DIST: BALLARI.
                                                                 ...APPELLANTS
               (BY SRI. T. HANUMAREDDY, ADVOCATE)

               AND:

               1.   R. M. KARIBASAIAH S/O. KOTRAIAH,
                    MAJOR, DRIVER OF THE METADOR
                    BEARING REG.NO.KA-25/A-3816,
                    R/O. SOGI VILLAGE, H.B. HALLI TALUK,
                    BALLARI DISTRICT-583219.
               2.   SUDHAKAR S/O. KOTRAIAH,
                    AGE: 35 YEARS, OWNER OF THE METADOR
                    BEARING REG.NO.KA-25/A-3816,
                    R/O. KVOR COLONY, H.B. HALLI TALUK,
Digitally
signed by           BALLARI DISTRICT-583212.
JAGADISH T R
Location:
HIGH COURT     3.   THE BRANCH MANAGER,
OF                  UNITED INDIA INSURANCE CO. LTD,
KARNATAKA
                    OPP: RADHIKA THEATRE, BALLARI-583101.
                                                               ...RESPONDENTS
               (BY SRI. M. K. SOUDAGAR, ADV. FOR R3;
                   NOTICE TO R1 & R2 DISPENSED WITH)

                     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
               MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS HEAR
               THE PARTIES AND MAY KINDLY BE MODIFIED THE JUDGMENT AND
               AWARD DATED 01-10-2016 BY ENHANCING THE AWARD AMOUNT IN
               MVC NO.1319/2014, PASSED BY THE MOTOR ACCIDENT CLAIM
               TRIBUNAL-II, BALLARI BY ALLOWING THIS APPEAL WITH COST IN
               THE INTEREST OF JUSTICE AND EQUITY.
                                    -2-
                                                      NC: 2024:KHC-D:6546
                                             MFA No. 103014 of 2017




     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                JUDGMENT

Though this appeal is listed for admission, with the

consent of learned counsel for the parties, it is taken up for

final disposal.

2. This appeal is filed by the injured/claimant seeking

enhancement of compensation being aggrieved by the

judgment and award dated 01.10.2016 passed in

MVC.No.1319/2014 by the Member, MACT-II, Ballari (for short,

'Tribunal').

3. Heard Sri.T.Hanumareddy, learned counsel for the

appellant-injured and Sri.M.K.Soudagar, learned counsel for the

respondent No.3-insurance company.

4. Learned counsel for the appellant submits that the

Tribunal has committed an error in awarding meager

compensation under the heads of loss of amenities and loss of

income during laid-up period. He further submits that the

appellant is also entitled to compensation under the head of

future medical expenses. Hence, he seeks to allow the appeal.

NC: 2024:KHC-D:6546

5. Per contra, learned counsel for the respondent-

insurance company supports the impugned judgment and

award passed by the Tribunal and submits that though the

accident is of the year 2007, the claim petition was filed in the

year 2014, there is delay of more than 7 years. He further

submits that if the income has to be assessed on the basis of

the chart prepared by the KSLSA, then it should be assessed at

Rs.4,000/- per month, and in the instant case, the Tribunal has

considered the income at Rs.5,000/- per month, which is on the

higher side. He further submits that the appellant is not entitled

to any compensation under the head of loss of future

prospects, but the Tribunal has awarded Rs.50,000/- under the

said head. Considering these two factors, if the entire

compensation is re-assessed, the compensation awarded by the

Tribunal is on the higher side, hence, he seeks to dismiss the

appeal.

6. I have heard the learned counsel for the parties and

perused the material available on record.

7. The appellant met with road accident on

07.04.2007 and sustained fracture shaft 1/3rd of right femur.

NC: 2024:KHC-D:6546

Taking note of the nature of fracture sustained by the appellant

and the oral testimony of PW-2 doctor, this Court is of the

considered view that the compensation awarded by the Tribunal

is just and proper. However, taking note of the treatment

provided to the appellant and duration of the treatment, this

Court is of the considered view that the appellant is entitled to

an additional sum of Rs.15,000/- as a global compensation

without any interest, in addition to the compensation awarded

by the Tribunal. The respondent-insurance company shall

deposit the additional compensation before the Tribunal within

a period of six weeks from today. On such deposit, the same

shall be released in favour of the appellant.

8. With the aforesaid modification to the impugned

judgment and award passed by the Tribunal, the appeal is

allowed-in-part.

Draw modified award accordingly.

Sd/-

JUDGE

BSR Ct-an