Karnataka High Court
B R Thimmappa vs The Partner on 29 February, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:8384
MFA No. 3840 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 3840 OF 2014 (MV)
BETWEEN:
B.R.THIMMAPPA S/O RANGAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURE,
R/O BOMMANAKATTE VILLAGE,
HOLALKERE TALUK, PIN-577 526,
...APPELLANT
(BY SRI.R.SHASHIDARA., ADVOCATE)
AND:
1. THE PARTNER,
BASAVESWARA HOME CRUSHER,
NEAR S.J.M MATT, M.K.HATTI,
CHITRADURGA CITY-577 501,
OWNER OF VEHICLE BEARING NO.KA-16/M-6125.
Digitally signed by 2. THE GENERAL MANAGER,
THEJASKUMAR N RELIANCE GENERAL INSURANCE CO. LTD.,
Location: HIGH NO.1 AND 2, 1ST FLOOR, MAGANUR COMPLEX,
COURT OF
KARNATAKA NEAR KSRTC BUS STAND,
CHITRADURGA TOWN-577 501.
...RESPONDENTS
(NOTICE TO R1 - DISPENSED WITH V/O DATED:13.12.2016;
SRI. B.PRADEEP., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 09.12.2013
PASSED IN MVC NO. 334/2012 ON THE FILE OF THE SENIOR
-2-
NC: 2024:KHC:8384
MFA No. 3840 of 2014
CIVIL JUDGE AND ADDL. MACT, HOLALKERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION FROM
Rs.78,800/- TO Rs.4,00,000/-.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.R.Shashidara., learned counsel for the appellant and
Sri.B.Pradeep., learned counsel for respondent No.2 have
appeared in person.
2. Though the appeal is listed today for admission,
with the consent of learned counsel for respective parties, it is
heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 26th day of
April 2012 at about 6:30 p.m., he was riding his motorcycle
bearing Registration No.KA-16-V-922 from Holalkere Town
towards Bommanakatte, near Rehamathulla Garden, at that
time, the driver of Mahendra Scorpio bearing Registration
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No.KA-16-M-6125 came in a rash and negligent manner and hit
against his motorcycle. As a result of which, he fell down and
sustained grievous injuries. Immediately, he was taken to
Government Hospital, Holalkere and thereafter, shifted to
Bapuji Hospital, Davanagere, wherein he took treatment as an
in-patient for fifteen days. Contending that the accident
occurred due to the rash and negligent driving of the Car
bearing Registration No.KA-16-M-6125, the claimant filed claim
petition seeking compensation.
In response to the notice, the first respondent appeared
through his counsel and filed objections. He denied the petition
averments. Among other grounds, he prayed for dismissal of
the petition. The second respondent - Insurance Company
appeared through its counsel and filed objections. It contended
that the vehicle was insured with the company. But the driver
was not holding valid and effective D.L and hence, the liability if
any is subject to the terms and conditions of the policy. Among
other grounds, it prayed for dismissal of the petition.
Based on the above pleadings, the Tribunal framed
issues. The claimant examined himself as PW1 and examined
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the doctor by name A.V.Sureshkumar as PW2 and got marked
documents. On behalf of the second respondent, one
H.B.Guruprasad was examined as RW1 and got marked
documents. The Tribunal vide Judgment dated:09.12.2013
partly allowed the claim petition. It is this Judgment that is
called into question in this Appeal on several grounds as set-out
in the Memorandum of Appeal.
5. Learned counsel for the appellant and respondent
No.2 have urged several contentions. Heard, the contentions
urged on behalf of the respective parties and perused the
appeal papers and also the records with utmost care.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
7. The facts are sufficiently stated and do not require
reiteration. I have perused the Judgment and award with
utmost care. The Tribunal extenso referred to the material on
record and rightly awarded compensation of Rs.78,800/-
(Rupees Seventy Eighty Thousand Eight Hundred only) with
interest at the rate of 6% per annum from the date of petition
till deposit. I find no reasons to interfere with said findings.
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However, it is noticed that the Tribunal has not awarded
compensation amount under the head of Future Loss of
Income. Hence, this Court is of the opinion that the
compensation must be awarded under the head "Loss of Future
Income" globally at Rs.21,200/- (Rupees Twenty One Thousand
Two Hundred only). Therefore, the claimant in all is entitled for
compensation of Rs.1,00,000/- (Rupees One Lakh only) as
against Rs.78,800/- (Rupees Seventy Eight Thousand and Eight
Hundred only) awarded by the Tribunal.
The claimant is entitled for enhanced compensation of
Rs.21,200/- (Rupees Twenty One Thousand Two Hundred only)
with interest at the rate of 6% per annum from the date of
claim petition till realization.
8. Hence, the following:
ORDER
1. The Miscellaneous First Appeal is allowed
in part. The Judgment and award dated:09.12.2013
passed by the Senior Civil Judge and Addl. MACT,
Holalkere in M.V.C.No.334/2012 is modified to the
extent stated hereinabove.
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2. The claimant is entitled for enhanced
compensation of Rs.21,200/- (Rupees Twenty One
Thousand Two Hundred only) with interest at the
rate of 6% per annum from the date of petition till
realization.
3. The second respondent - Insurance
Company shall deposit the aforementioned amount
along with 6% interest within a period of two
months from the date of receipt of the certified copy
of this Judgment.
4. The Registry is directed to draw the
modified award accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
