Karnataka High Court
Sri. Bhimangouda S/O Mahadevgouda ... vs Sri. Khemappa S/O Lokappa Kattimani on 5 April, 2024
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NC: 2024:KHC-D:6186
MFA No. 102561 of 2017
C/W MFA No. 102560 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102561 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102560 OF 2017
IN MFA NO. 102561/2017
BETWEEN:
SRI. BHIMANGOUDA S/O. MAHADEVGOUDA GOUDAR,
AGE: 30 YEARS, OCC: AGRI. & COOLIE,
R/O. LAKKASAKOPPA, TQ: BADAMI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. S. S. YALIGAR, ADVOCATE)
AND:
1. SRI. KHEMAPPA S/O. LOKAPPA KATTIMANI,
AGE: MAJOR, OCC: OWNER OF TUM-TUM,
NO.KA-29/7316,
R/O: TOGANSHI TANDA L.T,
TQ: BADAMI, DIST: BAGALKOT.
Digitally signed
by JAGADISH T R 2. THE DIVISIONAL MANAGER,
Location: HIGH THE UNITED INDIA INSURANCE CO. LTD,
COURT OF
R/O. BELAGAVI C/O. MARUTI GALLI,
KARNATAKA
TQ & DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. SIDDAPPA S. SAJJAN, ADV. FOR R1;
SRI. S. S. KOLIWAD, ADV. FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 29.06.2012
PASSED IN MVC NO.245/2008 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VIII,
BADAMI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:6186
MFA No. 102561 of 2017
C/W MFA No. 102560 of 2017
IN MFA NO. 102560 OF 2017
BETWEEN:
SRI. SHIVAPPA S/O MALLAPPA BADIGER
AGE: 47 YEARS,
OCC: CARPENTER,
R/O: KERUR, TQ: BADAMI,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. S.S.YALIGAR, ADVOCATE)
AND:
1. SRI. KHEMAPPA
S/O. LOKAPPA KATTIMANI,
AGE: MAJOR,
OCC: OWNER OF TUM-TUM,
NO.KA-29/7316, R/O. TOGANSHI,
TANDA L.T, TQ: BADAMI,
DIST: BAGALKOT.
2. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD,
R/O. BELAGAVI, C/O. MARUTI GALLI,
TQ & DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 29.06.2012
PASSED IN MVC NO.244/2008 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VIII,
BADAMI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6186
MFA No. 102561 of 2017
C/W MFA No. 102560 of 2017
JUDGMENT
Though these appeals are listed for admission, with
the consent of learned counsel for the parties, it is taken
up for final disposal.
2. MFA No.102561/2017 is filed by the claimant in
MVC No.245/2016 and MFA No.102560/2017 is filed by
the claimant in MVC No.244/2016 seeking enhancement of
compensation being aggrieved by the common judgment
and award dated 29.06.2012 passed by the Senior Civil
Judge and Member, MACT-VIII, Badami (for short,
'Tribunal').
3. Heard Sri.S.S.Yaligar, learned counsel for the
appellants-claimants and Sri.S.S.Koliwad, learned counsel
for the respondent No.2-Insurance Company in respect of
both the appeals.
4. Learned counsel for the appellants-claimants
submits that the Tribunal has committed grave in
awarding meager compensation of Rs.14,000/- in MVC
NC: 2024:KHC-D:6186
No.245/2008 and Rs.10,000/- in MVC No.244/2008 along
with interest at 6% p.a. It is submitted that the
appellants, in order to establish their claim, have
examined themselves and produced as many as 13
documents. However, the Tribunal has failed to appreciate
the evidence available on record in its proper perspective.
Hence, seeks to allow the appeals by enhancing the
compensation taking note of the injuries sustained and
treatment taken by the appellants.
5. Per contra, learned counsel for the respondent-
Insurance Company supports the impugned judgment and
award passed by the Tribunal and submits that the injuries
suffered by the appellants are simple injuries and hence,
the award of compensation by the Tribunal is just and
proper, which do not call for any enhancement. Hence,
seeks to dismiss both the appeals.
6. I have heard the learned counsel for the
appellants-claimants and learned counsel for the
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respondent-insurance company in respect of both the
appeals and perused the material available on record.
7. It is not in dispute that in a road accident that
occurred on 20.09.2007 both the appellants-claimants
have sustained injuries and taken treatment. The
appellants have sustained following injuries:
i. Pain in the left leg, left hand
ii. Pain and swelling on the right leg, right hand
iii. Back ache swelling present on the left hand.
8. The medical evidence available on record at
Exs.P-11 to P-38 indicate that the injuries suffered by the
appellants are simple in nature. However, they have
incurred some amount towards the treatment, traveling
and lost days of work. Keeping in mind the aforesaid fact,
instead of awarding meager compensation in each heads,
it would be just and proper to award global compensation
of Rs.20,000/- in addition to the compensation awarded
by the Tribunal to each of the appellant.
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9. In the result, this Court proceeds to pass the
following:
ORDER
a) Both the appeals are allowed in part.
b) The impugned judgment and award of the
Tribunal in MVC No.245/2008 is
modified to an extent that the claimant
would be entitled to total compensation of
Rs.34,000/- as against Rs.14,000/-
awarded by the Tribunal and in MVC
No.244/2008, the claimant would be
entitled to total compensation of
Rs.30,000/- as against Rs.10,000/-
awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per
annum from the date of petition till the
date of payment excluding the interest for
the delayed period.
d) The respondent-insurance company shall
deposit the enhanced compensation
amount with accrued interest before the
Tribunal within a period of six weeks from
the date of receipt of certified copy of this
judgment.
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e) On such deposit, the enhanced
compensation amount shall be released in
favour of the appellants-claimants, on
proper identification.
f) Registry to transmit the records to the
Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
JUDGE
BSR
Ct-an
