Karnataka High Court
Savita W/O Shanmukhappa Badiger vs Mr. Manju S/O Fakkirappa Kotihal on 8 August, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 101430 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 101430 OF 2023
BETWEEN:
SAVITA W/O. SHANMUKHAPPA BADIGER,
AGE: 31 YEARS, OCC: HOUSE WORK AND TAILORING,
R/O: MEDLERI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. MR. MANJU S/O. FAKKIRAPPA KOTIHAL,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: MEDLERI VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI - 581109
(OWNER OF ACE MAGIC VEHICLE BEARING
REG. NO.KA 17/B-1687)
Location:
BHARATHI HIGH
HM COURT OF
KARNATAKA
2. THE LEGAL CLAIMS MANAGER,
HDFC ERGO GIC LTD.,
1ST FLOOR, VIRUPAKSHAKRUPA,
OPP. KIMS MAIN GATE,
P.B.ROAD, VIDYANAGAR,
HUBBALLI - 580020.
3. DR. PRAKASH S/O. MALLESHAPPA KATAGI,
AGE: 36 YEARS, OCC: BUSINESS,
R/O: SHREE MALATESH KRUPA
BANASHANKARI NAGAR,
MRUTHYUNJAYA NAGAR, RANEBENNUR - 581115,
DIST: HAVERI.
(OWNER OF GRAND I-10 CAR BEARING
REG. NO. KA 27/M 9401)
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MFA No. 101430 of 2023
4. THE LEGAL CLAIMS MANAGER,
TATA AIG GENERAL INSURANCE CO. LTD.,
HALL MARK BUILDING, 3RD DESAI CROSS,
(BESIDE INDUSIND BANK)
HUBBALLI 29).
...RESPONDENTS
(NOTICE TO R1 AND R3 DISPENSED WITH VIDE COURT ORDER
DATED 21.04.2023.
BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2 AND R4)
THIS MFA FILED U/S.173(1)OF MOTOR VEHICLES ACT, 1988,
PRAYED THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO
ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD OF THE PRL. SENIOR CIVIL
JUDGE AND AMCT, RANEBENNUR, DATED 15.10.2022 IN MVC
NO.851/20196 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant/petitioner
challenging inadequate compensation awarded by
the learned Principal Senior Civil Judge and AMACT,
Ranebennur in MVC No.851/2019 dated 15.10.2022.
2. Heard the learned counsel for the appellant
and the learned counsel appearing for respondent
Nos.2 and 4.
3. The learned counsel appearing for the
appellant would contend that the appellant has
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sustained displaced fracture of spinous process of C6
vertebra and it is a major fracture and the
compensation awarded under the head pain and
suffering, food, diet and nourishment, attendant
charges and traveling expenses, amenities and loss
of income during laid up period are on the lower
side. The appellant/petitioner is a lady doing
household work and tailoring and the said injury has
caused lot of pain and sufferings and it affects her
routine household work and tailoring work. On these
grounds, he prayed for enhancement of
compensation.
4. Learned counsel for respondent Nos.2 and
4 submits that the compensation awarded by the
Tribunal is proper and adequate.
5. Having heard the learned counsel, the
Court has perused the impugned judgment.
6. The would certificate Ex.P-5 indicates that
the appellant/petitioner has sustained displaced
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fracture of spinous process of C6 vertebra and Ex.P-
10-discharge summary indicates that she was
admitted as an inpatient for 4 days. The
appellant/petitioner being a lady doing household
work and also tailoring, the said fracture affects her
daily work and she might have suffered lot of pain
and considering the said aspect, the compensation
awarded under the pain and suffering requires to be
enhanced to Rs.50,000/- as against Rs.30,000/-
awarded by the Tribunal. The Tribunal has awarded
Rs.5,000/- for food, diet and nourishment.
Rs.2,000/- each is awarded towards attendant
charges and traveling expenses. Considering the
fracture suffered by the appellant/petitioner, she is
entitled to compensation of Rs.15,000/- as against
Rs.9,000/- awarded by the Tribunal under the
aforesaid heads.
7. The appellant/petitioner was aged 28 years
as on the date of the accident. Considering the age
and fracture suffered, the appellant is entitled to
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compensation under the head loss of enjoyment of
future amenities in life in a sum of Rs.40,000/- as
against Rs.30,000/- awarded by the Tribunal. The
Tribunal has awarded Rs.5,000/- towards loss of
income during laid up period. The
appellant/petitioner is entitled to loss of income
during laid up period in a sum of Rs.35,250/- which
is calculated for 3 months taking into consideration
her income at Rs.11,750/- per month as against
Rs.5,000/- awarded by the Tribunal. The amount
awarded towards medical expenses and loss of
future earning capacity in a sum of Rs.10,253/- and
Rs.2,79,490/- respectively is just and proper and the
same remain undisturbed. Considering all these
aspects, the appellant/petitioner is entitled to
enhanced compensation of Rs.66,250/- along with
interest at 6% per annum from the date of petition
till the date of realisation.
8. In the result, the following
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ORDER
The appeal is allowed in part. The judgment and
award dated 15.10.2022 passed by the learned
Principal Senior Civil Judge and AMACT, Ranebennur,
in MVC No.851/2019 is modified. The
appellant/petitioner is entitled to enhanced
compensation of Rs.66,250/- with interest at 6% per
annum from the date of petition till realization. The
liability of respondent Nos.2 and respondent No.4 is
50% each. Respondent Nos.2 and 4 are directed to
deposit the enhanced compensation to the extent of
50% each with interest within a period of six weeks
from the date of receipt of certified copy of this
order.
Registry to draw the award accordingly.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
kmv
CT: abn
