Karnataka High Court
Fakirappa S/O. Basappa Jedar vs The Divisional Controller on 26 February, 2024
-1-
NC: 2024:KHC-D:4555
MFA No. 20032 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 20032 OF 2012 (MV-DM)
BETWEEN:
SHRI. FAKIRAPPA S/O. BASAPPA JEDAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. JALIKOPPA, TQ: BAILHONGAL.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC, BELGAUM DIVISION,
BELGAUM.
...RESPONDENT
(BY SRI. S. C. BHUTI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1)
Digitally
signed by OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE
JAGADISH
JAGADISH T R COMPENSATION AND AWARD AS CLAIMED BY THE APPELLANT BY
TR Date:
2024.02.27
10:55:52 MODIFYING THE JUDGMENT AND AWARD PASSED BY THE SENIOR
+0530
CIVIL JUDGE ASSISTANT SESSIONS JUDGE AND ADDL. M.A.C.T,
BAILHONGAL AT: BAILHONGAL, MVC NO.319/2010 DATED
03/10/2011 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC-D:4555
MFA No. 20032 of 2012
JUDGMENT
This appeal is by the owner of tractor-trailer bearing
registration No.KA-23/T-3414 & 3425 seeking enhancement of
compensation by way of damages caused to his vehicle,
awarded under judgment and award dated 3.10.2011 in MVC
No.319/2010 on the file of learned Senior Civil Judge and
Member, Addl. MACT, Bailhongal (for short, 'Tribunal').,
wherein the Tribunal awarded a sum of Rs.25,000/- towards
damages caused to the vehicle in question.
2. Brief facts are that on 20.12.2009, PW1 was driving
Tractor & Trailer in question and at that time, NWKRTC bus
bearing registration No.KA-22/F-1527 driven by its driver in a
rash and negligent manner, lost control over the vehicle and
dashed to the Tractor & Trailer, resulting in injuries to the
inmates of the bus as well as caused damages to the Tractor &
Trailer in question.
3. The appellant/claimant examined himself as PW2
and one witness examined as PW3 and produced certain
documents as exhibits to substantiate his claim. The
respondent/Corporation opposed claim petition by denying the
NC: 2024:KHC-D:4555
averments and damages caused to the vehicle. The Tribunal
on considering the evidence available on record has assessed
damages at Rs.25,000/- and awarded the same with interest at
6% per annum.
4. Learned counsel Sri.Hanamant R Latur for the
appellant would submit that the Tribunal committed an error in
awarding meager amount of Rs.25,000/- towards damages
caused to the Tractor-trailer in question, since the evidence of
PW3 indicates that he has repaired tractor-trailer in question
after the accident and received Rs.39,000/- towards labour
charges, Rs.12,900/- towards painting charges, in addition to
spare parts. Hence, the appellant has spent more than Rs.2
lakhs for the repair of tractor-trailer in question. Thus, he
prays for enhancement of compensation towards damages to
the vehicle in question.
5. Per contra, Sri.S.C.Bhuti, learned counsel for the
respondent/Corporation supporting the impugned judgment
and award would submit that the Tribunal has recorded a
finding at paragraph-35 that the estimate bill and MVA report
reveals that during repair of tractor trailer, several spare parts
NC: 2024:KHC-D:4555
which were not damaged in the accident as per MVA report,
were noted as replaced. Hence, the award of compensation by
the Tribunal towards damages to the vehicle in question is just
and proper, which needs no interference.
6. Heard the arguments of learned counsel for the
parties and perused the material available on record.
7. It is not in dispute that the appellant is the owner of
Tractor-trailer bearing registration No.KA-23/T-3414/3425 and
the said vehicle was involved in the accident on 20.12.2009. It
is also not in dispute that in the said accident, vehicle of the
appellant sustained damages as per MVA report dated
21.12.2009. MVA Report would indicate the following
damages caused to the tractor-trailer in question:
a) Tractor driving seat hood & fixture damaged
b) Real axle unit out of fixture
c) Real axle unit mud guards damaged
d) Tic-rod-end unit damaged
e) Trailer unit hook damaged & twisted
f) Trailer rear right side body damaged
g) Trailer host (hydraulic system unit) unit damaged &
got jam
8. A perusal of the MVA report, estimate bill and the
evidence of PW3, it is clear that the compensation by way of
damages to the vehicle, awarded by the Tribunal is on the
NC: 2024:KHC-D:4555
lower side. Hence, I am of the view that it would be just and
appropriate to award a sum of Rs.50,000/- as against
Rs.25,000/- awarded by the Tribunal with interest at the rate of
6% per annum from the date of petition till realization.
9. For the aforesaid reasons, the appeal stands
allowed in part. The impugned judgment and award is
modified holding that the appellant would be entitled to total
compensation of Rs.50,000/- towards damages as against
Rs.25,000/- awarded by the Tribunal, which shall carry interest
at the rate of 6% per annum from the date of petition till
realization.
10. The respondent/Corporation shall deposit the entire
compensation amount with accrued interest before the Tribunal
within six weeks from today. On such deposit, the same shall
be paid to the appellant.
Sd/-
JUDGE
JTR
