Karnataka High Court
Deepa D/O Mallappa Hosamani vs Yankaraddi S/O Somappa Nadahall And Anr on 3 April, 2024
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NC: 2024:KHC-K:2780
MFA No. 200612 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 200612 OF 2017 (MV-I)
BETWEEN:
DEEPA D/O MALLAPPA HOSAMANI,
AGE: 13 YEARS (MINOR)
OCC: EDUCATION,
U/G NATURAL HER FATHER BY
NAME MALLAPPA
S/O BHIMASHEPPA HOSAMANI,
AGE: 37 YEARS,
OCC: PRIVATE DRIVER,
R/O. KUNTOJI, TQ: MUDDEBIHAL.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE FOR
SRI GOPALKRISHNA B.YADAV, ADVOCATE)
Digitally AND:
signed by
SACHIN
Location: 1. YANKARADDI S/O SOMAPPA NADAHALL,
HIGH COURT
OF AGE: MAJOR, OCC: AGRICULTURE,
KARNATAKA
R/O. BHANTANUR,
TQ: MUDDEBIHAL-586 101.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
SIDDESHWAR TEMPLE ROAD,
VIJAYAPUR-585 101.
POLICY NO.241000/31/09/02/00002371
PERIOD 21/06/2009 TO 20/06/2010
...RESPONDENTS
(BY SRI SANJAY M.JOSHI, ADVOCATE FOR R-2;
-2-
NC: 2024:KHC-K:2780
MFA No. 200612 of 2017
V/O DTD.19.04.2017 NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND
AWARD DATED 11.05.2016 IN MVC NO.2/2011 PASSED BY THE
SR.CIVIL JUDGE AND M.A.C.T.VIII AT MUDDEBIHAL AND
CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION FROM RS.40,000/- TO RS.2,40,000/- WITH
INTEREST @ 9% PER ANNUM FROM THE DATE OF PETITION
TILL ACTUAL REALIZATION, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sanjeev Patil, learned counsel who
represents Sri Gopalkrishna B.Yadav, learned counsel on
record for the appellant. There is no representation on
respondents' side.
2. Being aggrieved by the quantum of amount that
is awarded as compensation by the Motor Accident Claims
Tribunal-VIII, Muddebihal through orders in
M.V.C.No.2/2011 dated 11.05.2016, the present appeal is
filed by the claimant.
3. Making his submission with regard to the merits
of the matter, learned counsel for the appellant contends
NC: 2024:KHC-K:2780
that the appellant sustained grievous injuries due to the
accident and became disabled. The permanent disability is
40%. However, the Tribunal without considering the
disability and the allied factors, awarded a meager sum of
Rs.40,000/- as compensation which is unjustifiable.
Learned counsel thereby seeks for enhancement of
compensation.
4. By the contents of Ex.P.6 - wound certificate it
is clear that there is fracture of clavicle left side which is
grievous in nature and there is abrasion over left parietal
region which is simple in nature. The appellant failed to
examine any Doctor who treated her or who assessed the
disability.
5. The basis on which the disability is felt to be
40% is not known. The fact that the appellant was
admitted into hospital on 16.11.2019 and discharged on
the same day is not in dispute. Though learned counsel for
the appellant submits that applying the judgment of the
Hon'ble Apex Court in the case of Mallikarjun vs.
NC: 2024:KHC-K:2780
Divisional Manager, National Insurance Company
Limited and Another1, a sum mentioned therein basing
on the percentage of disability may be awarded, this Court
is of the view that where the aspect of disability is not
established, the said decision cannot be applied. The
Tribunal having considered each and every aspect of the
case has awarded a sum of Rs.40,000/- as compensation
under the following heads :-
Sl.No. Particulars Amount awarded
1. Pain and suffering Rs.25,000/-
2. Agony to parents Rs.6,000/-
3. Transportation Rs.2,000/-
4. Formal medical expenditure Rs.3,000/-
5. Special Diet and nutrition Rs.4,000/-
Total Rs.40,000/-
6. Having considered the nature of the case, this
Court is of the view that a global sum of Rs.20,000/- can
be enhanced so that the compensation awarded becomes
reasonable and appropriate. Thus, the following :
ORDER
i) The appeal is allowed in part.
(2014) 14 SCC 396
NC: 2024:KHC-K:2780
ii) The amount awarded as compensation by
the Motor Accident Claims Tribunal-VIII,
Muddebihal through orders in
M.V.C.No.2/2011 dated 11.05.2016 is
enhanced from Rs.40,000/- to Rs.60,000/-.
iii) The enhanced amount shall carry interest
at the rate of 6% per annum from the date
of petition till the date of deposit.
iv) The second respondent is directed to
deposit the enhanced amount within a
period of eight weeks from the date of
receipt of copy of this judgment.
v) On deposit, the same shall be kept in fixed
deposit in the name of the appellant in any
nationalized bank till she attains the age of
majority. On her attaining the age of
majority, the appellant is permitted to
withdraw the entire amount.
Sd/-
JUDGE
SN
