Karnataka High Court
V.Huligemma W/O.Manjappa vs Srikara N.B.S/O.Chnafrashekarappa on 5 April, 2024
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MFA No. 100714 of 2020
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. 100714 OF 2020 (MV-I)
BETWEEN:
V. HULIGEMMA W/O. MANJAPPA,
AGE: 39 YEARS, OCC: AGRICULTURIST,
R/O. ULAVATTI VILLAGE, H. B. HALLI TQ,
BALLARI DISTRICT-583101.
...APPELLANT
(BY SRI. AMARE GOUDA, ADVOCATE)
AND:
1. SRIKARA N. B, S/O. CHANDRASHEKARAPPA,
AGED ABOUT 71 YEARS,
R/O. NELKUDRI VILLAGE, 1ST COLONY,
H.B HALLI TALUK, BALLARI DISTRICT-583102.
2. BRANCH MANAGER,
M/S .UNITED INDIA INS. CO. LTD,
YELAMACHALLI COMPLEX, STATION ROAD,
Digitally signed by HOSAPETE, HOSAPETE TALUK,
JAGADISH T R BALLARI DIST-583101.
Location: HIGH
COURT OF ...RESPONDENTS
KARNATAKA (BY SRI. R. R. MANE, 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 30.05.2018
PASSED IN MVC NO.516/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XIII,
HAGARIBOMMANAHALLI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
APPLICATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6213
MFA No. 100714 of 2020
JUDGMENT
Though this appeal is listed for hearing on
interlocutory application, with the consent of learned
counsel for the parties, it is taken up for final disposal.
2. This appeal is filed by the claimant/injured
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 30.05.2018 passed in
MVC.No.516/2017 by the Senior Civil Judge and MACT-
XIII, Hagaribommanahalli (for short, 'Tribunal')
3. Heard Sri.Amare Gouda, learned counsel
appearing for the appellant/claimant and Sri.R.R.Mane,
learned counsel appearing for respondent No.2/Insurance
Company.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in awarding global compensation of
Rs.5,000/- to the claimant. He submits that the
appellant/claimant has sustained injuries, however, the
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Tribunal has not considered the same. Hence, he seeks to
award appropriate compensation by allowing the appeal.
5. Per contra, learned counsel appearing for the
respondent No.2/Insurance Company supports the
impugned judgment and award of the Tribunal and
submits that the Wound Certificate indicates that there
was a pain in left thigh, considering the same, the award
of compensation of Rs.5,000/- by the Tribunal is just and
proper and does not call for enhancement. Thus, he seeks
to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellant/claimant and the
learned counsel appearing for respondent No.2/Insurance
Company. Perused the material available on record.
7. There is no dispute that the appellant/claimant
met with a road accident on 29.03.2016. This Court taking
note of the finding of the Tribunal at paragraph No.35 and
keeping in mind that the appellant/claimant has traveled
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from the place of the accident to the hospital thereafter he
would have taken certain time to recover, is of the
considered view that, it would be just and appropriate to
award an additional global compensation of Rs.10,000/- to
the claimant. Thus, the appellant/claimant shall be entitled
to total compensation of Rs.15,000/- (i.e.Rs.5,000 +
10,000/-) as against Rs.5,000/- awarded by the Tribunal.
8. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.15,000/- as against
Rs.5,000/- awarded by the Tribunal.
c) The enhanced compensation shall carry
interest at the rate of 6% per annum from
the date of petition till the date of payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
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accrued interest before the Tribunal within a
period of six weeks from the date of receipt
of certified copy of this judgment.
e) On such deposit, the same shall be released
in favour of the appellant/claimant.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Needless to say that the claimant shall not
be entitled to any interest on the enhanced
compensation for the delayed period.
Registry to take note of the same while
drawing award
h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
