Karnataka High Court
Sri. Gopal S/O. Siddappa vs Sri. Siddalingappa S/O. K Mallikarjuna on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2349
MFA No. 101542 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101542 OF 2016 (MV-I)
BETWEEN:
SRI. GOPAL S/O. SIDDAPPA
AGE: 48 YEARS, OCC: AGRICULTURIST,
R/O. INDIRA NAGAR, HANDIHAL VILLAGE,
TQ: AND DIST:BALLARI.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. SIDDALINGAPPA
S/O. K.MALLIKARJUNA
AGE: MAJOR DRIVER OF MAXI CAB
KA-35/A-9536 R/O. D NO.6W NO.10,
KORLAGUNDI POST, TQ: DIST:BALLARI.
2. SRI. P MEHABOOB SUBHANI
S/O. HONNUR VALI
AGE: MAJOR, OWNER OF THE MAXI
CAB KA-35/A-9536
Digitally
R/O. 2722, PLC COLONY,
signed by T.B. DAM GOVERNMENT HIGH SCHOOL,
SAROJA
SAROJA HANGARAKI HOSAPETE, DIST: BALLARI.
HANGARAKI Date:
2024.02.13
15:42:19
+0530
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
PARVATHI NAGAR, BALLARI.
...RESPONDENTS
(BY SRI. ARUNA DESHPANDE, ADVOCATE FOR R3;
R1 AND R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT 1988, AGAINST THE
JUDGMENT & AWARD DATED:11.04.2014, PASSED IN
MVC.NO.496/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIM
TRIBUNAL-II, BELLARY, PARTLY ALLOWING THE CLAIM PETITION
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NC: 2024:KHC-D:2349
MFA No. 101542 of 2016
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for order, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. Hanumanthareddy Sahukar, learned
counsel for the appellant and Smt. Aruna Deshpande, learned
counsel for respondent No.3-Insurance Company.
3. Claimant in claim petition MVC No.496/2013 is the
appellant. He sustained accidental injuries in a road traffic
accident occurred on 13.02.2013 at about 4.25 p.m., near
Bajjiginahal stream on Talur - Bellary road involving Maxi Cab
bearing registration No.35/A-9536 on account of rash and
negligent driving of the said Maxi Cab by its driver.
4. Claim petition on contest came to be allowed in a
sum of Rs.5,315/- with interest at the rate of 6% per annum
from the date of petition till its realization.
5. Shri. Hanumanthareddy Sahukar, learned counsel
for the appellant contended that award of compensation in a
NC: 2024:KHC-D:2349
sum of Rs.5,315/- is on the lower side and sought for enhanced
compensation.
6. Smt. Aruna Deshpande, learned counsel for
respondent No.3-Insurance Company opposes the appeal
grounds by contending that the claimant has sustained only
simple injuries and therefore, grant of compensation is just
and proper and sought for dismissal of the appeal.
7. This Court perused the material on record
meticulously.
8. On such perusal, it is seen that in support of the
injuries sustained by the claimant, medical records are already
produced which have been taken note by the learned Judge in
the Tribunal. Therefore, the Trial Judge has granted a sum of
Rs.5,315/- on the ground that the said quantum of
compensation is suffice for the injuries sustained by the
claimant.
9. Taking note of the fact that the injuries sustained
by the claimant, awarding compensation in a sum of
Rs.10,000/- with interest at the rate of 6% per annum from the
date of petition till realization, would meet the ends of justice.
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10. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) Claimant in MVC No.496/2013 who is the
appellant herein is entitled to a sum of Rs.10,000/-
as compensation instead of Rs.5,315/- with interest
at the rate of 6% per annum less the interest for
the delayed period in filing the appeal, from the
date of petition till its realization.
Sd/-
JUDGE
SMM
