Karnataka High Court
Sabanna @ Saibanna S/O Aneppa Doddamani vs Shamraya S/O Shivalingappa Hagargi And ... on 4 April, 2024
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MFA No. 202294 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 202294 OF 2022 (MV-I)
BETWEEN:
SRI SABANNA @ SAIBANNA
S/O ANEPPA DODDAMANI,
AGE: 37 YEARS, OCC: AGRICULTURE
AND MEMBER OF GRAM PANCHAYAT,
NOW NIL, R/O.MUCHAKHED,
TQ: CHITTAPUR, DIST: KALABURAGI,
NOW AT GUBBI COLONY, KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
Digitally 1. SRI SHAMRAYA
signed by
SACHIN S/O SHIVALINGAPPA HAGARGI,
Location: AGE: MAJOR, OCC: NOT KNOWN,
HIGH COURT
OF R/O. DATTA NAGAR,
KARNATAKA
KALABURAGI-585 103.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
II FLOOR, CENTURY COMPLEX,
OPP. SANGAM TALKIES,
SUPER MARKET, KALABURAGI-585 102.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R-2;
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MFA No. 202294 of 2022
V/O DTD.24.11.2022 NOTICE TO R-1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 07.04.2021
PASSED BY THE LEARNED II ADDL SENIOR CIVIL JUDGE AND
MACT AT KALABURAGI IN MVC NO.829/2018 BY ENHANCING
THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Sajeev Patil, learned counsel for the
appellant as well as Sri S.S.Aspalli, learned counsel
appearing for respondent No.2.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal,
Kalaburagi in M.V.C.No.829/2018 dated 07.04.2021.
3. Seeking a higher sum as compensation, the
claimant is before this Court. On this day, learned counsel
for the appellant contends that the appellant sustained
fracture of right tibia and fibula and there is shortening of
right leg by 2.5 c.m and therefore, the Doctor who
examined him i.e., PW.2 assessed the disability as 51%.
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Learned counsel states that the Tribunal went wrong in
considering the disability as 15% in respect of whole body.
Learned counsel thereby seeks for enhancement of
compensation.
4. Per contra, the submission made by
Sri S.S.Aspalli is that the appellant sustained fracture of
right tibia with implant in situ as per the contents of Ex.P.9
- X-ray report. He submits that, in case, the said report is
considered, the disability taken by the Tribunal as 15% is
also on higher side. A perusal of the record would goes to
show that the Tribunal having examined each and every
aspect of the case has come to a just conclusion that the
disability in respect of whole body can be taken as 15%.
The Tribunal ultimately awarded a sum of Rs.5,33,200/- as
compensation by considering that he is entitled to
Rs.40,000/- as compensation under the head 'pain and
suffering', Rs.78,900/- towards medical expenses,
Rs.30,000/- towards future medical expenses, Rs.2,400/-
towards food, extra nourishment and attendant charges,
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Rs.10,000/- towards conveyance charges, Rs.23,500/-
towards loss of income during treatment, Rs.3,38,400/-
towards permanent disability and Rs.10,000/- for
deprivation of future amenities. The amount awarded
under all heads except under the head food, extra
nourishment and attendant charges is highly justifiable.
Therefore, this Court is of the view that a global sum of
Rs.10,000/- is required to be enhanced. Except the same,
there are no other grounds to interfere with. Hence, the
following :
ORDER
i) The appeal is allowed in part.
ii) The compensation awarded by the Motor
Accident Claims Tribunal, Kalaburagi
through orders in M.V.C.No.829/2018 dated
07.04.2021 is enhanced by Rs.10,000/-.
iii) The enhanced sum 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
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period of eight weeks from the date of
receipt of copy of this judgment.
Sd/-
JUDGE
SN
