Karnataka High Court
Mr Arun Billava vs Mr Sunil on 4 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:13856
MFA No. 611 of 2015
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. 611 OF 2015 (MV-I)
BETWEEN:
MR. ARUN BILLAVA
S/O LATE NARAYANA POOJARY,
AGED ABOUT 40 YEARS,
R/AT BRAMMANAGUDI ROAD,
HANGLUR POST & VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT.
...APPELLANT
(BY SRI. S.M.ANFAL., ADVOCATE FOR
SRI. PRASANNA SHETTY., ADVOCATE)
AND:
1. MR. SUNIL
S/O MAHABALA,
AGED ABOUT 29 YEARS,
Digitally signed by R/AT H.NO. 224/B,
THEJASKUMAR N VODERHOBLI VILLAGE,
Location: HIGH NANA SAHEB ROAD,
COURT OF
KARNATAKA KUNDAPURA TALUK,
UDUPI DISTRICT.
2. RELIANCE INSURANCE CO. LTD.,
BRANCH OFFICE: ENVIRON TOWERS,
HOSUR ROAD, ELECTRONIC CITY,
BANGALORE.
REPRESENTED BY ITS BRANCH MANAGER.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:20.09.2016;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)
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NC: 2024:KHC:13856
MFA No. 611 of 2015
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:02.07.2014
PASSED IN MVC NO.409/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.S.M.Anfal., learned counsel on behalf of
Sri.K.Prasanna Shetty., for the appellant has appeared in
person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. The brief facts are these:
On the twenty-second day of January 2012 at about 8:00
am., the claimant was riding a motorcycle bearing Registration
No.KA-20-V-1727 from Koni side towards Kundapura side.
When he reached Hunsekatte, near Bobbaraya Temple, a
Chevrolet Car bearing Registration No.KA-01-MD-7254 came in
a rash and negligent manner from Kundapura side towards Koni
side and hit him. Due to the impact, he sustained injuries.
NC: 2024:KHC:13856
Immediately, he was shifted to Vinaya Hospital, Kundapura and
after first aid treatment, he was shifted to A.J.Hospital,
Mangaluru and underwent surgery. Contending that he is
entitled for compensation, the claimant filed claim petition.
In response to the notice, respondent No.1 remained
absent before the Tribunal and hence, he was placed ex-parte.
The second respondent Insurance company appeared through
its counsel and filed written statement denying the petition
averments. Among other grounds, it prayed for dismissal of the
claim petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:02.07.2014 allowed the claim
petition in part. The claimant has assailed the Judgment of the
Tribunal in this appeal on several grounds as set-out in the
Memorandum of appeal.
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.
NC: 2024:KHC:13856
5. The point that requires consideration is whether the
claimant is entitled for enhanced compensation.
6. The Tribunal extenso referred to the material on
record and awarded compensation under different heads. The
Tribunal took note of the fact that the claimant was working as
a Lineman and not awarded compensation towards loss of
future income due to disability and loss of earning during laid
up period. In my view, not awarding compensation under the
said heads is just and proper. The compensation awarded
under different heads are also just and proper. I find no
grounds to interfere with the Judgment of the Tribunal.
For the reasons stated above, the appeal is devoid of
merits and is liable to be dismissed.
7. Resultantly, the Miscellaneous First Appeal is
dismissed.
Sd/-
JUDGE
TKN
