Karnataka High Court
Balawwa W/O Ningappa Yammikar vs Shivalingayya Thondayya Hiremath on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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MFA No. 100875 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100875 OF 2014 (MV-I)
BETWEEN:
BALAWWA
W/O. NINGAPPA YAMMIKAR,
AGE: 37 YEARS, OCC: VEGETABLE VENDOR
AND AGRICULTURE, NOW NIL,
R/O: KARADIGUDDI, TQ: DIST: BELAGAVI.
...APPELLANT
(BY SRI. HARISH S.MAIGUR, ADVOCATE)
AND:
1. SHIVALINGAYYA THONDAYYA HIREMATH,
AGE: MAJOR, OCC: BUSINESS,
R/O: KARADIGUDDI, TQ: DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
HAVING ITS OFFICE AT MARUTI GALLI,
BHARATHI BELAGAVI.
HM
Digitally signed by
BHARATHI H M
...RESPONDENTS
Date: 2024.02.21
12:00:24 +0530 (BY SRI. N.R. KUPPELLUR, ADVOCATE FOR R2;
R1 DISPENSED WITH)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DTD:01.02.2014, PASSED IN
MVC.NO.331/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND ADDL. MACT BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 100875 of 2014
JUDGMENT
Though the matter is listed for admission, by consent of
parties, matter is taken up for final disposal.
2. Hread Shri. Harish S. Maigur, learned counsel for
the appellant and Shri. N. R. Kuppelur, learned counsel for
respondent No.2-Insurance Company.
3. Appeal by the claimant seeking enhancement of
compensation awarded in MVC No.331/2013 dated 01.02.2014
on the file of Principal Senior Civil Judge and Additional Motor
Accident Claims Tribunal, Belagavi.
4. Admitted facts of the case for disposal of the appeal
are as under:
4.1. Balawwa sustained accidental injuries on
09.05.2012 at about 1.00 p.m., within the limits of
Yamakanmardi Police Station due to rash and negligent driving
of Tempo Trax bearing registration No.KA-19/N-6123. She was
taken to the hospital and got cured of all her injuries.
4.2. She has suffered a fracture of left shoulder with
clavicle AP Fracture middle 1/3rd left clavicle.
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5. Tribunal on contest allowed the claim petition in a
sum of Rs.65,500/- with interest at the rate of 6% per annum
from the date of petition till realization on following heads:
1 Pain and sufferings 20,000-00
2 Medical and ancillary expenses 2,000-00
3 Loss of income during treatment 13,500-00
4 Loss of future earning capacity due to 00000
disability
5 Loss of amenities and future unhappiness 30,000-00
Total 65,500-00
6. Shri. Harish S. Maigur, learned counsel for the
appellant sought for enhanced compensation on the ground
that even though there is no functional disability in case of a
clavicle fracture, some amount of disability would be there on
account of mal-uniting of said fracture and sought for enhanced
compensation.
7. Per contra, Shri. N. R. Kuppelur, learned counsel for
respondent No.2-Insurance Company supported the impugned
judgment and sought for dismissal of the appeal.
8. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
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9. On such perusal of the material on record, the
claimant has successfully established that she has suffered
accidental injuries in a road traffic accident occurred on
09.05.2012 at about 1.00 p.m., involving Tempo Trax bearing
registration No.KA-19/N-6123.
10. Admittedly, she suffered the fracture of clavicle.
The Tribunal has granted a sum of Rs.65,500/- taking into
consideration the income of the claimant that she was working
as a vegetable vendor. However, on account of pain and
suffering only Rs.20,000/- is awarded and on the medical and
ancillary expenses Rs.2,000/- is awarded.
11. Taking note of the same, if the compensation is
enhanced from Rs.65,500/- to Rs.75,000/- ends of justice
would be met.
12. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against a sum of Rs.65,500/-
awarded by the Tribunal, the claimant is
entitled to a sum of Rs.75,000/- as
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compensation with interest at the rate of 6%
per annum from the date of petition till
realization.
Sd/-
JUDGE
SMM
