Karnataka High Court
Sri.Mallikarjuna vs Sri.Mahesh B on 6 February, 2024
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NC: 2024:KHC:5066
MFA No. 8991 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.8991 OF 2015(MV-I)
BETWEEN:
SRI. MALLIKARJUNA,
S/O LATE CHIKKACHOORAIAH,
AGED ABOUT 52 YEARS
R/AT ANCHEKEMPAINA KERI,
G.H. STREET, PETE, MALAVALLI TOWN,
MANDYA DISTRICT.
...APPELLANT
(BY SMT. SUGUNA R REDDY, ADVOCATE)
AND:
1. SRI. MAHESH B.,
S/O BETTEGOWDA,
MAJOR IN AGE,
Digitally R/AT NO.971-3,
signed by
BHARATHI S SWARNASANDRA,
Location:
HIGH COURT MANDYA CITY - 571 401.
OF
KARNATAKA
2. THE BRANCH MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
MANDYA CITY - 571 401
...RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 23.02.2021, NOTICE TO
R1 IS DISPENSED WITH)
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MFA No. 8991 of 2015
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:21.01.2015 PASSED IN MVC
NO.1184/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 21.01.2015 passed in MVC
No.1184/2013 on the file of Senior Civil Judge and MACT,
Malavalli1, seeking for enhancement of the compensation.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The Tribunal by its judgment and Award dated
21.01.2015 has awarded compensation of `48,000/-
together with interest at 6% per annum. Being aggrieved,
the claimant has filed the present appeal seeking
enhancement of compensation.
Hereinafter referred to as the 'Tribunal'
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4. The finding of the Tribunal regarding negligence
and the liability are not under challenge. Hence, the only
question that is required to be considered in present appeal
is, Whether the quantum of compensation is required to be
enhanced?
5. The Tribunal, considering the claim made by the
claimant, has noticed the testimony of PW1 that he has
sustained injury on his right temporal region, right knee and
left wrist, fracture of the left lower end of radius, right
orgitral roof of head with fracture of right zygomatic and left
end of radius. That immediately after the accident he was
shifted to PHC, Halaguru and then to the Government
Hospital, Malavalli. It is forthcoming from the wound
certificate (Ex.P2) that the claimant was admitted on
27.06.2012 and discharged on 12.07.2012 for a period of
sixteen days. The wound certificate would disclose certain
injuries and that there is an endorsement made on the said
wound certificate that there is a fracture of the left lower end
of radius, right orgitral roof of head with fracture of right
zygomatic and left end of radius. Except the wound
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certificate, the claimant has not produced any other
documents to demonstrate the treatment taken by him.
6. Along with the above appeal, the appellant has
filed I.A.No.2/2015 under Order 41 Rule 27 of the Code of
Civil Procedure seeking to produce additional evidence that is
the bills and receipts of the hospitals. It is deposed in the
affidavit accompanying the application that the documents
sought to be produced were misplaced in the house and
hence, the documents could not be produced before the
Tribunal. Thereafter the documents have been subsequently
found. The documents produced along with the application
are bills and receipts totally amounting to `11,574/-.
7. The Tribunal, considering the documents on
record, has awarded a sum of `38,000/- towards pain and
suffering and `10,000/- towards Medical Expenses,
Attendant and Traveling Expenses and hence awarded a total
compensation of `48,000/-.
8. It is forthcoming that the claimant has not
examined the doctor. Having regard to the fact that the
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claimant has not produced any documents apart from the
wound certificate(Ex.P2) to demonstrate the treatment that
he has taken as well as the expenses incurred, it cannot be
said that the quantum of compensation awarded by the
Tribunal is on the lower side.
9. Having regard to the fact that the claimant has
produced copies of the bills and receipts incurred along with
the Medical expenses along with I.A.No.2/2015, it is just and
proper that the said application be allowed and a further sum
of `15,000/- be awarded in addition to the compensation
awarded by the Tribunal.
10. In view of the aforementioned, the following:
ORDER
i) I.A.No.2/2015 is allowed. The documents
produced along with application is taken on
record.
ii) The appeal is allowed in part;
iii) The judgment and award dated 21.01.2015
passed in MVC No.1184/2013 on the file of Senior
Civil Judge and MACT, Malavalli, is modified to
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the extent stated herein. In all other respects,
the judgment and award of the Tribunal remain
unaltered;
iv) The appellant/claimant is entitled to enhanced
compensation of `15,000/- with interest at 6%
per annum from the date of petition till its
realization in addition to the compensation
awarded by the Tribunal.
v) The respondent - Insurance Company is directed
to deposit the said compensation together with
accrued interest within a period of eight weeks
from the date of receipt of a copy of this
judgment;
vi) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
appellant/claimant;
vi) The Registry to draw the modified award
accordingly.
vii) No costs.
Sd/-
JUDGE
SNC
CT:SNN
