Karnataka High Court
Gyanavva vs Suresh Shivaputrappa Timmappanavar on 20 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4181
MFA No. 101456 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101456 OF 2014 (MV)
BETWEEN:
GYANAVVA W/O. SIDDAPPA HALVAR,
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O: BHAGAWATI, TQ and DIST: BAGALKOT.
...APPELLANT
(BY SRI. D.V. PATTAR, ADVOCATE FOR
SRI. ANAND R.KOLLI, ADVOCATE)
AND:
1. SURESH SHIVAPUTRAPPA TIPPANNAVAR,
AGE: MAJOR, OCC: SERVICE and
OWNER OF BIKE BEARING NO.KA-29/R.2948,
R/O: BHAGAVATI, TQ and DIST: BAGALKOT.
2. THE DIVISIONAL MANAGER,
Digitally signed
NATIONAL INSURANCE CO.LTD.,
by SAMREEN MARUTI GALLI, BELAGAVI.
SAMREEN AYUB
DESHNUR
AYUB Date:
...RESPONDENTS
DESHNUR 2024.02.23
16:34:47
+0530
(BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE FOR R2
R1 NOTICE DISPENSED WITH V/O/DTD 08.02.2015)
THIS M.F.A. IS FILED U/SEC.173(1) OF MV ACT,
AGAINST JUDGMENT AND AWARD DTD:04.03.2014, PASSED IN
MVC.NO.270/2012 ON THE FILE OF THE MEMBER MACT-II,
BAGALKOT, 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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NC: 2024:KHC-D:4181
MFA No. 101456 of 2014
JUDGMENT
Heard Sri.D.V.Pattar, learned counsel representing
Sri.Anand R. Kolli, learned counsel for the appellant and
Sri.Rajashekhar S. Arani, learned counsel for the
respondents.
2. Claimant being the wife of Sri.Siddappa Halvar,
laid a claim under Section 166 of Motor Vehicles Act for
the accidental injuries sustained by Sri.Siddappa Halvar on
26.08.2011 at about 12.00 noon, when he was gracing the
cattle because of rash and negligent driving of the driver
of the motorcycle bearing No.KA.29/R.2948 and later, he
died on 29.11.2011.
3. Tribunal, on contest, allowed the claim petition
in a sum of Rs.35,050/- with interest at 6% p.a. from the
date of petition till realization.
4. Being aggrieved by the inadequate quantum of
compensation awarded by the Tribunal, claimant is in
appeal.
NC: 2024:KHC-D:4181
5. Sri.D.V.Pattar, learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum,
sought for enhanced quantum of compensation.
6. Per contra, Sri.Rajashekhar S. Arani, learned
counsel for the respondents supported the impugned
judgment.
7. Having heard the parties in detail, this Court
perused the material on record meticulously.
8. On such perusal of the material on record,
admittedly, Sri.Siddappa Halvar, was aged about 72 years
at the time of accident. He suffered injuries in the spinal
cord and there was displacement of the disc.
Subsequently, he was cured with the injuries and he was
discharged from the hospital.
9. Later, he died on 29.11.2011. Claimant laid a
claim two years later.
10. Tribunal, after considering the material on
record, allowed the claim petition in a sum of Rs.35,050/-
NC: 2024:KHC-D:4181
and no amount is awarded on the head of pain and
suffering so also on the head of laid-up period.
11. Claimant failed to make out a case in
establishing nexus between death of Siddappa and
accidental injuries. Instead of enhancing the compensation
on each and every head, if a sum of Rs.75,000/- is
enhanced for the accidental injuries sustained by the
claimant, ends of justice would be met.
12. Accordingly, following:
ORDER
i. Appeal is allowed as against sum of
Rs.35,050/- claimant is entitled to sum of
Rs.1,10,050/- with interest at 6% p.a.
from the date of petition till its realization.
ii. Insurance Company is granted four weeks
time to pay the balance amount.
Sd/-
JUDGE
KAV
