Karnataka High Court
Prakash @ Basappa vs Sangamesh S/O Shivappa Ganigi on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2844
MFA No. 101168 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101168 OF 2016 (MV-I)
BETWEEN:
PRAKASH @ BASAPPA
S/O RAMAPPA ZULPI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: AKKIMARADI, TQ: MUDHOL,
DIST: BAGALKOT.
...APPELLANT
(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)
AND:
1. SHRI. SANGAMESH S/O. SHIVAPPA GANIGI,
R/O: AT/POST: YADAWAD,
TQ: GOKAK, DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO.LTD.,
RAMDEV GALLI, BELAGAVI.
Digitally signed
by SAMREEN
SAMREEN AYUB ...RESPONDENTS
AYUB DESHNUR
(BY SRI. ARUNA R.DESHPANDE, ADVOCATE FOR R2;
DESHNUR Date:
2024.02.23 R1 HELD SUFFICIENT)
16:54:06 +0530
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT & AWARD DATED:07.08.2012, PASSED IN
MVC.NO.646/2010 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT
CLAIMS TRIBUNAL-IX, MUDHOL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2844
MFA No. 101168 of 2016
JUDGMENT
Heard Sri.Prashanth S. Kadadevar and Smt.Aruna
Deshpande, counsel for the parties.
2. Though the matter is listed for orders with the
consent of the parties matter is taken up for final disposal.
3. Injured claimant is in appeal on the ground of
inadequacy of the compensation awarded in MVC
No.646/2010 dated 07.08.2012 on the file of Addl. MACT,
Mudhol.
4. Admitted facts for disposal of the appeal are as
under:
4.1. Claimant suffered accidental injuries on 20.04.2010
involving tractor trailer bearing No.KA-49/T-651, KA-49/T-
1728-653 and KA-49/T-653. He was taken to the hospital
and cured of injuries.
4.2 The claim petition was contested and on contest,
tribunal has allowed the petition by granting compensation
NC: 2024:KHC-D:2844
in a sum of Rs.1,48,400/- with 9% interest p.a. from
03.12.2011 to till date of depositing the compensation.
5. Being aggrieved by the same, the appellant has
preferred the present appeal.
6. Learned counsel for the appellant Sri.Prashanth S.
Kadadevar vehemently contended that award of
compensation by the tribunal is on lower side and sought
reasonable enhancement, taking note of the fact that
tribunal has not considered the age of the injured and
monthly income and also on the head of pain and
suffering.
7. Per contra, Smt.Aruna Deshpande, learned counsel
representing the insurance company supported the
impugned judgment by contending that tribunal has rightly
assessed the quantum of compensation and sought for
dismissal of the appeal.
8. In view of the rival contentions of the parties, this
court has perused the material on record meticulously.
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9. On such, perusal of material on record, claimant was
successful in establishing that he suffered accidental
injuries involving tractor and trailer unit as referred supra.
10. Admittedly, the tribunal has not considered the
income in the proper manner in the absence of proper
proof of income. For the accidental injury of the year
2010, this court would normally consider the monthly
income in a sum of Rs.5,500/-. Likewise, age of the
injured is according to the claimant is 39 years but
tribunal has considered his age as 45 years. On the head
of loss of amenities and pain and suffering also amount
awarded is on lower side.
11. Therefore, instead of enhancement of compensation
on each and every head, if a sum of Rs.70,000/- enhanced
globally ends of justice would be met.
12. Accordingly, the following :
ORDER
i) Appeal is allowed in part.
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ii) As against sum of Rs.1,48,400/- awarded by
the tribunal, claimant is entitled to a sum of
Rs.2,18,400/- with interest at 7% per annum
from the date of petition till realization after
deducting the interest for the delayed period
of 1260 days.
iii) Ordered accordingly.
Sd/-
JUDGE
HMB
