Karnataka High Court
Veerabhdrayadhav vs Ningappa on 2 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:127
MFA No. 6732 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.6732 OF 2018 (MV-I)
BETWEEN:
VEERABHDRAYADHAV
S/O RAJANNA,
AGED ABOUT 22 YEARS,
MECHANIC, JOGIMATTI ROAD,
CHITRADURGA TOWN
...APPELLANT
(BY SRI. VIJAYA M N, ADVOCATE)
AND:
1. NINGAPPA
S/O DURUGAPPA,
AGED ABOUT 29 YEARS,
RC OWNER OF MOTOR CYCLE,
BEARING REG NO.KA-06-V-2662
GOWRASAMUDRA,
THALUK HOBLI, CHALLAKERE TALUK
Digitally signed
by RAMYA D 2. B.M.RAVI
Location: HIGH S/O MANJUNATHA,
COURT OF AGRICULTURIST,
KARNATAKA
BHUVANAHALLI, MANANGI POST,
SIRA TALUK, TUMKUR DISTRICT
...RESPONDENTS
(R1 AND R2 NOTICE SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23/03/2018, PASSED IN MVC
NO.499/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2024:KHC:127
MFA No. 6732 of 2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/claimant
challenging the judgment and award dated 23.03.2018
passed in MVC No.499/2017 on the file of Senior Civil Judge
and MACT, Challakere, seeking enhancement of
compensation awarded by the Tribunal as well as
contributory negligence attributed at 20% on the
appellant/claimant.
2. The factum of accident, injuries sustained by the
appellant/claimant are not in dispute.
3. Heard the arguments of learned Advocates
appearing for both parties and perused the records.
4. The Tribunal has granted a global compensation
of Rs.20,000/- and attributed 25% gross negligence on the
part of appellant/claimant. The accident is between the
motorcycle bearing registration No.KA-16-EA-1297, which is
being driven by the friend of claimant was hit by another
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motorcycle bearing registration No.KA-06-V-2662 coming
from opposite direction. The accident is head on collision
near to middle of road. Therefore, the Tribunal is correct in
holding that it is the case of contributory negligence
between both the motorcycles. In this regard, the finding of
fact arrived at by the Tribunal is found to be correct.
5. But as far as determination of compensation is
concerned, the Tribunal is erroneous. Considering the
nature of injuries and disability sustained by the claimant,
from the medical records it is proved that the claimant has
suffered fracture of left tibia, fibula right leg and fracture of
metatarsal bone of right leg. The claimant was working as a
mechanic and was earning an income of Rs.25,000/- per
month for maintenance of family. Therefore, compensation
of Rs.30,000/- is awarded towards 'pain and suffering'.
6. The claimant has produced Exs.P-6 to P-22 -
medical bills and Exs.P-23 to P-27 - prescriptions produced
by the claimant claiming compensation of Rs.1,17,000/- for
his medical expenses and hospitalisation charges, but the
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Tribunal has not granted any compensation towards medical
expenses. Accordingly, a compensation of Rs.1,17,000/- is
awarded towards medical expenses and hospitalisation
charges.
7. Further, a compensation of Rs.50,000/- is
awarded under the head 'loss of amenities'.
8. Thus, in all, the appellant/claimant is entitled to
total compensation as follows:
Sl. Particulars Amount
No. in Rs.
1 Pain and sufferings 30,000/-
2 Medical expenses 1,17,000/-
3 Loss of amenities 50,000/-
Total 1,97,000/-
9. The Tribunal has awarded a global compensation
of Rs.20,000/-, but the appellant/claimant is entitled to total
compensation of Rs.1,97,000/-. Hence, the appellant/
claimant is entitled to compensation of Rs.1,97,000/- along
with interest @ 6% p.a. from the date of petition till the
date of realisation as against global compensation of
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Rs.20,000/- along with interest at the rate of 9% p.a.
awarded by the Tribunal.
10. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
23.03.2018 in MVC No.499/2017 passed
by the Senior Civil Judge and MACT,
Challakere, is modified to the extent that
the appellant/claimant is entitled to
compensation of Rs.1,97,000/- along with
the rate of interest at 6% per annum from
the date of petition till the date of
realization instead of 9% p.a. interest
granted by the Tribunal.
iii. No order as to costs.
iv. The appellant/claimant is not entitled for
interest for the delay period of 31 days in
filing the appeal.
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v. Registry is directed to transmit the TCR
along with copy of this order to the
Tribunal forthwith.
vi. Draw award accordingly.
Sd/-
JUDGE
DR
