Karnataka High Court
Murudesh S/O Chandhrappa vs S S Jagadish S/O S G Shivashankaraiah on 1 April, 2024
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NC: 2024:KHC-D:5976
MFA No. 101813 of 2021
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101813 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101810 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 101811 OF 2021
MISCELLANEOUS FIRST APPEAL NO. 101812 OF 2021
IN MFA NO.101813/2021
BETWEEN:
SRI. SIDDOJIRAO SAVANTH S/O. NAGOJIRAO,
AGE: 47 YEARS, OCC: BUSINESS WORK,
R/O. HOSAMANE VILLAGE, TQ: BHADRAVATHI,
DIST: SHIVAMOGGA, NOW @ GANESH NAGAR,
4TH CROSS, RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
Digitally signed AND:
by ROHAN
HADIMANI T
Location: HIGH
COURT OF 1. MR. S. S. JAGADISH
KARNATAKA
S/O. S. G. SHIVASHANKARAIAH,
AGE: 38 YEARS, OCC: TRANSPORT BUSINESS,
R/O. S.G.R.K.M.S.C.S ROAD, BHADRAVATHI,
DIST: SHIVAMOGGA-577201.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. C. V. ANGADI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
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NC: 2024:KHC-D:5976
MFA No. 101813 of 2021
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR, DATED 14-09-2021 IN MVC NO.634/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.101810/2021
BETWEEN:
SRI. JACOB S/O. PUSHPA RAJ,
AGE: 22 YEARS, OCC: PRIVATE WORK,
R/O. RANGANTHA STREET, THALLIKATTE,
TQ: BHADRAVATHI, DIST: SHIVAMOGGA,
NOW AT VAGEESH NAGAR, 4TH CROSS,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. MR. S. S. JAGADISH
S/O. S. G. SHIVASHANKARAIAH,
AGE: 38 YEARS, OCC: TRANSPORT BUSINESS,
R/O. S.G.R.K.M.S.C.S ROAD, BHADRAVATHI,
DIST: SHIVAMOGGA-577201.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. C. V. ANGADI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR, DATED 14-09-2021 IN MVC NO.635/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:5976
MFA No. 101813 of 2021
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
IN MFA NO.101811/2021
BETWEEN:
KUMAR SHARATH S/O. MURUDESH,
AGE: 14 YEARS, OCC: STUDENT,
SINCE MINOR REPTD BY HIS MINOR
GUARDIAN I.E. HIS FATHER
SRI. MURUDESH S/O. CHANDRAPPA,
AGE: 32 YRS OCC: AGRICULTURE WORK,
R/O. DASARAKALLAHALLI VILLAGE,
TQ: BHADRAVATHI,
NOW AT GOURISHANKAR NAGAR,
4TH CROSS, RANEBENNUR DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. MR. S. S. JAGADISH
S/O. S. G. SHIVASHANKARAIAH,
AGE: 38 YEARS,
OCC: TRANSPORT BUSINESS,
R/O. S.G.R.K.M.S.C.S ROAD,
BHADRAVATHI,
DIST: SHIVAMOGGA-577201.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. C. V. ANGADI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR, DATED 14-09-2021 IN MVC NO.637/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:5976
MFA No. 101813 of 2021
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
IN MFA NO.101812/2021
BETWEEN:
SRI. MURUDESH S/O. CHANDHRAPPA,
AGE: 32 YEARS, OCC: AGRICULTURE WORK,
R/O. DASARAKALLAHALLI VILLAGE,
TQ: BHADRAVATHI,
NOW @ GOURISHANKAR NAGAR,
4TH CROSS, RANEBENNUR DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. MR. S. S. JAGADISH
S/O. S. G. SHIVASHANKARAIAH,
AGE: 38 YEARS,
OCC: TRANSPORT BUSINESS,
R/O. S.G.R.K.M.S.C.S ROAD,
BHADRAVATHI,
DIST: SHIVAMOGGA-577201.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
...RESPONDENTS
(BY SRI. C. V. ANGADI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR, DATED 14-09-2021 IN MVC NO.636/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:5976
MFA No. 101813 of 2021
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
JUDGMENT
Though these appeals are listed for admission, with
the consent of learned counsel for the parties, they are
taken up for final disposal.
2. These appeals are filed by the injured/claimants
seeking enhancement of compensation, being aggrieved
by the common judgment and award dated 14.09.2021
passed in MVC.Nos.634, 635, 636 and 637 of 2019 by the
I Addl. Senior Civil Judge & Addl. MACT., Ranebennur (for
short, 'Tribunal').
3. Heard Sri.Chandrashekar M.Hosamani, learned
counsel appearing for the appellants/claimants and
Sri.C.V.Angadi, 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 error in awarding meager compensation
to the injured/claimants without properly appreciating the
injuries suffered by them. He submits that the award of
NC: 2024:KHC-D:5976
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
compensation by the Tribunal under the heads of pain and
suffering, loss of amenities and loss of income during laid-
up-period are on lower side. Hence, he seeks to reassess
the same properly by allowing the appeals.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the appellants/claimants have suffered very
simple injuries in the road accident and taking note of the
evidence available on record, the Tribunal has rightly
assessed the compensation and awarded just and fair
compensation to each of them, which do not call for any
interference. Thus, he seeks to dismiss the appeals.
6. I have heard the arguments of the learned
counsel appearing for the appellants/claimants and
learned counsel appearing for the respondent
No.2/Insurance Company. Meticulously perused the
material available on record.
NC: 2024:KHC-D:5976
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
7. It is not in dispute that the appellants/claimants
were traveling in a private bus bearing registration No.KA-
14/B-1053 and the said bus met with an accident on
16.12.2018. Resultantly, the appellants/claimants
sustained grievous injuries. The evidence available on
record indicates that the appellants sustained fractural
injuries and considering the same, the Tribunal has
awarded compensation of Rs.2,72,600/- in
MVC.No.634/2019, Rs.3,93,440/- in MVC.No.635/2019,
Rs.3,20,300/- in MVC.No.636/2019 and Rs.1,00,000/- in
MVC.No.637/2019. This Court after perusal of the oral
testimony of PW1 to PW5 and on close scrutiny of the
documentary evidence available on record, is of the
considered view that the Tribunal is justified in awarding
the aforesaid amounts in respective cases, however, in
each of the case, this Court is of the considered view that
the appellants are entitled for some enhanced
compensation.
NC: 2024:KHC-D:5976
C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
8. Instead of enhancing the compensation on each
of the heads by making necessary calculations, it would be
just and appropriate to award an additional sum of
Rs.50,000/- as additional global compensation in all the
aforesaid MVCs cases.
9. Thus, the claimants shall be entitled to total
compensation as under:
(i) Rs.3,22,600/- in MFA.No.101813/2021
(MVC.No.634/2019) as against Rs.2,72,600/-
awarded by the Tribunal.
(ii) Rs.4,43,440/- in MFA.No.101810/2021
(MVC.No.635/2019) as against Rs.3,93,440/-
awarded by the Tribunal.
(iii) Rs.3,70,300/- in MFA.No.101812/2021
(MVC.No.636/2019) as against Rs.3,20,300/-
awarded by the Tribunal.
(iv) Rs.1,50,000/- in MFA.No.101811/2021
(MVC.No.637/2019) as against Rs.1,00,000/-
awarded by the Tribunal.
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C/W MFA No. 101810 of 2021, MFA No.
101811 of 2021, MFA No. 101812 of 2021
10. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeals are allowed in part.
b) The impugned judgment and award of the Tribunal is
modified to an extent that the claimants are
entitled to compensation as under:
• Rs.3,22,600/- in MFA.No.101813/2021
(MVC.No.634/2019) as against Rs.2,72,600/-
awarded by the Tribunal.
• Rs.4,43,440/- in MFA.No.101810/2021
(MVC.No.635/2019) as against Rs.3,93,440/-
awarded by the Tribunal.
• Rs.3,70,300/- in MFA.No.101812/2021
(MVC.No.636/2019) as against Rs.3,20,300/-
awarded by the Tribunal.
• Rs.1,50,000/- in MFA.No.101811/2021
(MVC.No.637/2019) as against Rs.1,00,000/-
awarded by the Tribunal.
c) The enhanced compensation in all the cases shall
carry interest at the rate of 6% per annum from the
date of petition till the date of payment.
d) The Insurance Company in all the cases shall deposit
the enhanced compensation amount with accrued
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101811 of 2021, MFA No. 101812 of 2021
interest before the Tribunal within a 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/claimant.
f) Registry to transmit the records, if any, to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
