Karnataka High Court
Mahantesh S/O Siddappa Gora vs Prakash S/O Munnubai on 12 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3383
MFA No. 20753 of 2013
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.20753 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.20752 OF 2013
MISCELLANEOUS FIRST APPEAL NO.20754 OF 2013
IN M.F.A. NO.20753 OF 2013
BETWEEN:
HULIGEMMA W/O. SIDDAPPA GORA,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: BASAPUR, TAL & DIST: KOPPAL,
PINCODE-583238.
...APPELLANT
(BY SRI. D.V. PATTAR, ADVOCATE)
AND:
1. PRAKASH S/O. MUNNUBAI MAHODARIYA,
AGE: 27 YEARS, OCC: DRIVER OF
BHARATHI
HM
VEHICLE NO.MH-04/SB-8673,
R/O: 312, PLOT NO.12,
Digitally signed
by BHARATHI H
M
MUMBAI-EAST-400069.
Date: 2024.02.21
11:57:44 +0530
2. DANESH S/O. MANUBAI VADODARIYA,
AGE: 36 YEARS, OCC:OWNER OF VEHICLE
NO.MH-04/SB-8673, R/O: GULMOHAR, GROUND FLOOR,
AMBADI ROAD, 312, PANCHASHEELA-1,
CHS LIMITED, PLOT NO.18,
MALD-E-MUMBAI-97, PINCODE-400077.
3. THE DIVISIONAL MANAGER,
HDFC GENERAL INSURANCE COMPANY LTD.,
HUBLI, PINCODE-580021.
...RESPONDENTS
(BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE FOR
SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3;
NOTICE TO R1-R2 DISPENSED WITH)
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NC: 2024:KHC-D:3383
MFA No. 20753 of 2013
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD.13.09.2011 PASSED IN
MVC.NO.257/2009 ON THE FILE OF THE MEMBER AMACT AND FAST
TRACK COURT-I, KOPPAL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN M.F.A. NO.20752 OF 2013
BETWEEN:
HEMANNA S/O. BHARAMAPPA METI,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: HALAVARTHI, TALUK AND
DIST: KOPPAL-583238.
...APPELLANT
(BY SRI. D.V. PATTAR, ADVOCATE)
AND:
1. PRAKASH S/O. MUNNUBAI MAHODARIYA,
AGE: 27 YEARS, OCC: DRIVER OF
VEHICLE NO.MH-04/SB-8673,
R/O: 312, PLOT NO.12, MUMBAI-EAST-400069.
2. DANESH S/O. MANUBAI VADODARIYA,
AGE: 36 YEARS, OCC:OWNER OF VEHICLE
NO.MH-04/SB-8673, R/O: GULMOHAR, GROUND FLOOR,
AMBADI ROAD, 312, PANCHASHEELA-1,
CHS LIMITED, PLOT NO.18,
MALD-E-MUMBAI-97, PINCODE-400097.
3. THE DIVISIONAL MANAGER,
HDFC GENERAL INSURANCE COMPANY LTD.,
HUBLI, PINCODE-580021.
...RESPONDENTS
(BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE FOR
SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3;
NOTICE TO R1-R2 DISPENSED WITH)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD.13.09.2011 PASSED IN
MVC.NO.258/2009 ON THE FILE OF THE MEMBER ADDL. MACT AND
FAST TRACK COURT-I, KOPPAL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC-D:3383
MFA No. 20753 of 2013
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
IN M.F.A. NO.20754 OF 2013
BETWEEN:
MAHANTESH S/O. SIDDAPPA GORA,
AGE: 12 YEARS, MINOR, REPRESENTED
BY NATURAL FATHER SIDDAPPA GUDADAPPA GORA,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BASAPUR, TALUK AND
DIST: KOPPAL-583238.
...APPELLANT
(BY SRI. D.V. PATTAR, ADVOCATE)
AND:
1. PRAKASH S/O. MUNNUBAI MAHODARIYA,
AGE: 27 YEARS, OCC: DRIVER OF
VEHICLE NO.MH-04/SB-8673,
R/O: 312, PLOT NO.12,
MUMBAI-EAST-400069.
2. DANESH S/O. MANUBAI VADODARIYA,
AGE: 36 YEARS, OCC:OWNER OF VEHICLE
NO.MH-04/SB-8673,
R/O: GULMOHAR, GROUND FLOOR,
AMBADI ROAD, 312, PANCHASHEELA-1,
CHS LIMITED, PLOT NO.18,
MALD-E-MUMBAI-97, PINCODE-400097.
3. THE DIVISIONAL MANAGER,
HDFC GENERAL INSURANCE COMPANY LTD.,
HUBLI, PINCODE-580021.
...RESPONDENTS
(BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE FOR
SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3;
NOTICE TO R1-R2 DISPENSED WITH)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DTD.13.09.2011 PASSED IN
MVC.NO.259/2009 ON THE FILE OF THE MEMBER ADDL. MACT AND
FAST TRACK COURT-I, KOPPAL, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3383
MFA No. 20753 of 2013
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
JUDGMENT
Heard Sri.D.V.Pattar, learned counsel for the
appellants - claimants and Sri.Mallikarjun b Madanalli on
behalf of Sri.Nagaraj C Kolloori, learned counsel for
respondent - Insurance Company.
2. Though these appeals are listed for admission,
with the consent of both parties, they are taken up for
final disposal.
3. These three appeals are by the claimants in
MVC No.258/2009, MVC No.257/2009 and MVC
No.259/2009 on the file of Additional Motor Accident
Claims Tribunal, Koppal dated 13.09.2011.
4. Facts in brief which are utmost necessary for
disposal of these cases are as under:
4.1 The claimants laid a claim under Section 166 of
Motor Vehicles Act by contending that on 14.07.2008
claimants have been to Halvarthi village and after visiting
Jadiswami temple, they were returning to Basapur village.
NC: 2024:KHC-D:3383
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
When they were not able to get proper conveyance, they
came on a motorcycle bearing No.KA-36/R-1263. At that
juncture, a jeep bearing No.MH-04/BS-8673 came in a
rash and negligent manner and dashed against the two
wheeler. They were initially shifted to a local hospital and
thereafter to KIMS Hospital, Hubballi and then to SDM
Hospital, Hubballi.
4.2 Claim petitions, on contest, came to be allowed
in a sum of Rs.1,33,888/-, Rs.52,973/- and Rs.70,973/-
respectively.
5. Being not satisfied with the quantum of
compensation, claimants are in appeal.
6. Sri.D.V.Pattar, learned counsel for the
appellants - claimants reiterating the grounds urged in the
appeal memorandums, argued that the Tribunal has not
properly granted the compensation and sought for
enhancement of compensation.
NC: 2024:KHC-D:3383
C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
7. Per contra, Sri.Mallikarjun b Madanalli on behalf
of Sri.Nagaraj C Kolloori, learned counsel for respondent -
Insurance Company supported the impugned judgment.
8. In view of the rival contentions of the parties,
this Court perused the material on record meticulously. On
such perusal of material on record, it is seen that
claimants are husband and wife and minor child.
9. In respect of minor child, Rs.30,000/- is
awarded as loss of income which is unheard of. So also, in
respect of wife who is claimant in MVC No.257/2009,
Rs.35,000/- is awarded as loss of income. Insofar as rider
of motorcycle is concerned in MVC No.258/2009,
Rs.81,600/- is awarded as loss of income.
10. No doubt, there is some force in the argument
put forth on behalf of claimants that there is no award of
amount on proper heads. But, in the absence of any
doctor being examined on behalf of claimants, merely
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C/W MFA No. 20752 of 2013, MFA No. 20754
of 2013
based on the medical records, trial Court has granted
compensation as referred to supra.
11. Since the accident is of the year 2008, there is
no proper proof placed on record as to the nature of
injuries and how it has effected in loss of income.
12. Insofar as claimants in MVC Nos.258/2009 and
257/2009, hardly there is any scope for enhancement of
compensation. Insofar as MVC No.259/2009 is concerned,
admittedly, claimant is aged 8 years. Therefore, there
cannot be any compensation on the head of loss of
income. Therefore, hardly there is any scope for
enhancement of compensation in any one of the appeals.
13. Accordingly, following order is passed:
ORDER
(i) Appeals are meritless and hereby dismissed.
(ii) No order as to costs.
Sd/-
JUDGE
