Karnataka High Court
Smt. Chandramma vs Dadapeer K on 4 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13964
MFA No. 4215 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4215 OF 2014(MV-I)
BETWEEN:
SMT. CHANDRAMMA
W/O BASAVARAJAPPA,
AGED ABOUT 48 YEARS,
AGRICULTURAL COOLIE,
R/O HOSA-KOLENAHALLI,
DAVANAGERE.
...APPELLANT
(BY SMT. ANANYA RAI., ADVOCATE
SRI. VISHWAJITH RAI.M., ADVOCATE)
AND:
1. DADAPEER.K
S/O KHASIM SAB,
AGED ABOUT 26 YEARS,
OWNER AND DRIVER OF MOTOR CYCLE
Digitally signed by BEARING NO.KA-27/J-1935,
THEJASKUMAR N R/O HOSA-KOLENAHALLI,
Location: HIGH DAVANAGERE TALUK-577 001.
COURT OF
KARNATAKA
2. THE NATIONAL INSURANCE COMPANY LTD.,
BY ITS DIVISIONAL MANAGER,
MELAGIRI PLAZA,
DENTAL COLLEGE ROAD,
M.C.C., 'B' BLOCK,
DAVANAGERE-577 001.
3. CHANNABASAPPA.S.SHIDENUR
S/O SHAMASUNDRAPPA SHIDENUR,
KOLAPUR POST,
-2-
NC: 2024:KHC:13964
MFA No. 4215 of 2014
BYADAGI TALUK,
HAVERI DISTRICT-581 110.
...RESPONDENTS
(R1 AND R3-SERVED AND UNREPRESENTED;
BY SRI. JANARDHAN REDDY., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:31.08.2013
PASSED IN MVC NO.791/2011 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MACT-IV, DAVANAGERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Smt.Ananya Rai., learned counsel on behalf of
Sri.Vishwajith Rai.M., for the appellant and Sri.Janardhan
Reddy., learned counsel for respondent No.2 have appeared
in person.
2. Notice to the respondents was ordered on
12.09.2014. A perusal of the office note depicts that
respondents 1 & 3 are served and unrepresented. They have
neither engaged the services of an advocate nor conducted
the case as party in person.
NC: 2024:KHC:13964
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal
papers and also the records with utmost care.
5. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation.
6. The Claimant's appeal is one for enhancement of
compensation and modification of the judgment. The
grounds urged in the present appeal are mainly relating to
the meager compensation awarded under different heads by
the Tribunal. The Claimant has suffered pain and agony
owing to the injuries sustained in the accident in question.
Hence, this Court deems it appropriate to award Rs.20,000/-
(Rupees Twenty Thousand only) towards pain and sufferings
as against Rs.5,000/- (Rupees Five Thousand only) awarded
by the Tribunal.
NC: 2024:KHC:13964
The compensation of Rs.10,000/- (Rupees Ten
Thousand only) towards Medical expenses remains intact.
This Court deems it appropriate to award Rs.22,000/-
(Rupees Twenty Two Thousand only) towards Loss of
amenities and loss of full enjoyment of life as against
Rs.10,000/- (Rupees Ten Thousand only).
It is noticed that the Tribunal has not awarded
compensation towards loss of income during laid up period.
There is no proof of income, hence the chart prepared by the
Legal Service Authority must be taken into consideration. As
per the chart, if the accident is occurred in the year 2011,
the salary of the injured must be taken as Rs.6,500/-
(Rupees Six Thousand Five Hundred only) per month. Hence,
the amount towards loss of income during laid up period is
calculated as under:
Rs.6,500/- X 2 months = Rs.13,000/-
7. Accordingly, this Court re-determines the
compensation as under:-
NC: 2024:KHC:13964
1. Pain and Sufferings 5,000 + 15,000 Rs.20,000/-
2. Medical Expenses 10,000 Rs.10,000/-
3. Loss of amenities and 10,000 + 12,000 Rs.22,000/-
full enjoyment of life
4. Loss of income during 6,500 X 2 Rs.13,000/-
laid up period
Total: Rs.65,000/-
(Less) Compensation awarded by the -Rs.25,000/-
Tribunal:
Enhanced compensation awarded by Rs.40,000/-
this Court:
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed and the Judgment dated:31.08.2013
passed by the Court of Prl. Senior Civil Judge &
MACT-IV, Davanagere in M.V.C No.791/2011 is
modified to the extent stated hereinabove.
2. The claimant is entitled for the
enhanced compensation of Rs.40,000/- (Rupees
Forty Thousand only) with 6% interest per
NC: 2024:KHC:13964
annum from the date of the claim petition till the
date of realization.
3. The second respondent Insurance
Company shall deposit the enhanced
compensation amount along with 6% interest
within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. The Registry to draw the modified
award accordingly.
5. Office is directed to transmit the
original records to the concerned Tribunal
forthwith.
Sd/-
JUDGE
TKN
