Karnataka High Court
Kallappa S/O Appannakamble vs M/S.Nityadar Travels on 28 February, 2024
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NC: 2024:KHC-D:4620-DB
MFA No.101141 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE M.I.ARUN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MFA NO.101141 OF 2020 (MV-I)
BETWEEN:
KALLAPPA S/O APPANNAKAMBLE,
AGE: 37 YEARS, OCC: B.E. ELECTRIAL ENGINEER,
R/O: H.NO. 384, AMBEDKAR NAGAR, A/P: HARGAPUR,
SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI-590001.
...APPELLANT
(BY SRI. UMESH C. AINAPUR, ADVOCATE)
AND:
1. M/S.NITYADAR TRAVELS
PROPRIETOR: SUNIL S/O KISHORE PAIS,
AGE: MAJOR, OCC: BUSINESS,
R/O: "A" SECTOR, NEAR NATIONAL CINEMA HALL,
NEHARLAGUN, DIST: PAPUMPARE-791110,
STATE: ARUNACHAL PRADESH & ALSO AT
VISHAL M/S. NITYADAR TRAVELS, NO.24, MARIYAMMAN,
NINGAPPA KOLI STREET, JYOTI NAGAR, MUDALIARPET,
PATTIHAL
Location: HIGH COURT
PANDICHERRY. PINCODE-416109.
OF KARNATAKA
DHARWAD BENCH
Date: 2024.03.11
(OWNER OF TOURIST BUS BEARING
10:49:23 +0530
NO. AR-01/H-6775)
2. THE NATIONAL INSURANCE CO LTD.,
RAMDEV GALLI, BELAGAVI-590001.
(POLICY NO. 261400/31/16/6300002601)
VALID FROM 10/12/2016 TO 09/12/2017)
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 02.11.2019 PASSED
IN MVC NO.2368/2017 ON THE FILE OF THE X ADDITIONAL
DISTRICT JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
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MFA No.101141 of 2020
CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
UMESH M. ADIGA, J., DELIVERED THE FOLLOWING:
JUDGMENT
1. Heard the learned advocates appearing for the
appellant as well as respondent No.2.
2. This appeal is filed by the appellant - claimant in
MVC No.2368/2017 praying for enhancement of compensation.
3. It is the case of the appellant - claimant that on
25.01.2017 at about 6:20 a.m., he met with an accident due to
rash and negligent driving of the bus bearing registration
No.AR-01/H-6775 by its driver, as a result of which, the
claimant sustained fracture of L2, L3 & L4 vertebra and fracture
of L2 - posterior spinous process. It is the further case of the
appellant - claimant that he has been serving as Electrical
Engineer at DMG MORI Industrial Private Limited at Bengaluru
and earning Rs.95,000/- per month. He was aged about 34
years at the time of accident. Due to the injuries sustained in
the accident, he has suffered permanent disability at 100%. On
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these grounds, the appellant - claimant prays to award the
compensation of Rs.20,00,000/-.
4. The Insurer in its objections denied contents of
claim petition and prays for dismissal of the claim petition.
5. The Tribunal has framed the necessary issues for
determination.
6. The claimant examined one witness as PW1 and
got marked Exs.P1 to P14. The respondent No.2 has not led
any evidence, however, got marked the Insurance Policy as
Ex.R1.
7. The Tribunal after hearing both the parties and also
appreciating the evidence on record, has awarded the following
amounts of compensation:
1. Pain and suffering Rs.40,000/-
2. Loss of income during laid up period Rs.59,812/-
3. Loss of future income or earnings NIL
4. Loss of happiness & future amenities NIL
5. Medical Expenses Rs.4,400/-
6. Misc. Expenses Rs.5,000/-
TOTAL Rs.1,09,212/-
8. Submission of the learned counsel for the appellant
is that, the Tribunal has not awarded any compensation under
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the head loss of future earning capacity due to permanent
disability and also submits that the amount of compensation
awarded under other heads are inadequate.
9. Learned counsel for respondent No.2 submits that
the Tribunal has awarded proper compensation and it does not
call for any interference by this Court. He further submits that
the claimant is an employee working as a Electrical Engineer
and there is no evidence to show that his income is reduced
after the accident or he was demoted. He has not examined the
doctor, who has treated him, to prove that he is suffering from
any permanent disability. Under the said circumstances, the
claimant is not entitled for any enhancement of compensation.
10. The Tribunal on appreciation of the evidence on
record, has rightly awarded the compensation under head pain
and suffering, loss of income during laid up period, medical
expenses and Misc. Expenses. However, the Tribunal has not
awarded any compensation towards loss of happiness and
future amenities.
11. Considering the injuries sustained by the appellant
- claimant in the accident and disability as well as difficulty of
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the claimant due to the disability, he is entitled for
compensation under the head loss of future happiness and
amenities. Tribunal has not awarded compensation under said
head. Considering the facts and circumstances of this case, a
sum of Rs.50,000/- is awarded towards loss of amenities and
future happiness.
12. Thus, the claimant is entitled for enhancement of
Rs.50,000/- over and above the compensation awarded by the
Tribunal along with interest at the rate of 6% p.a. from the
date of petition till its realization. Accordingly, we pass the
following order.
13. The appeal is allowed in part. The impugned
judgment and award dated 02.11.2019 passed by the Tribunal
in MVC No.2368/2017 is modified.
14. Compensation awarded by Tribunal is enhanced to
Rs.50,000/-. Respondents shall pay the same with interest at
6% p.a. on enhanced amount from the date of petition till its
realization.
15. Respondent No.2 shall deposit the said amount with
interest within six weeks from receipt of copy of this order.
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16. Enhancement is meager and hence, enhanced
amount is ordered to be released in favour of the claimant on
due identification.
Sd/-
JUDGE
Sd/-
JUDGE
VNP/ CT:VP
