Karnataka High Court
Shivappa S/O Ramappa Kadampur vs Siddappa S/O Yamanappa Madar on 9 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:440
MFA No. 24949 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.24949 OF 2013 (MV-D)
BETWEEN:
SRI. SHIVAPPA S/O. RAMAPPA KADAMPUR,
AGE ABOUT 57 YEARS,
R/AT GOVINDINNI VILLAGE,
TQ: BILAGI, DIST: BAGALKOTE.
...APPELLANT
(BY SRI. S.S. YALIGAR, ADVOCATE, FOR
SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
1. SRI. SIDDAPPA S/O. YAMANAPPA MADAR,
AGED ABOUT 42 YEARS,
R/AT BEHIND GLBC OFFICE,
BILAGI, DIST: BAGALKOTE.
2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
Digitally
MELLIGERI COMPLEX, BAGALKOTE,
signed by ...RESPONDENTS
SAMREEN
SAMREEN AYUB (BY SRI. M.A. DESHPANDE, ADVOCATE FOR R2;
AYUB DESHNUR
DESHNUR Date: R1 DISPENSED WITH)
2024.01.29
15:29:12
+0530
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V.ACT, AGAINST THE JUDGEMENT AND
AWARD DATED 28.09.2013, PASSED IN MVC NO.236/2012 ON THE
FILE OF THE MEMBER, MACT NO.VII, BILAGI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:440
MFA No. 24949 of 2013
JUDGMENT
Though the matter is listed for admission, by consent of
parties, matter is taken up for disposal.
2. Heard Shri. S. S. Yaligar representing Shri.
Mrutyunjay Tata Bangi, learned counsel for the appellant and
Shri. M.A. Deshpande, learned counsel for respondent No.2.
3. The appellant-injured in road traffic accident which
occurred on 07.04.2012 involving motor cycle bearing No.KA-
29/U-9975 and another motor cycle bearing No.KA-22/EB-
2850, approached the Tribunal for award of suitable
compensation in MVC No.236/2012 on the file of MACT No.VII,
Bilagi.
4. The claim petition was resisted by the Insurance
Company by filing detail written statement.
5. The Tribunal after raising necessary issues recorded
the evidence of the claimant and the doctor who issued
disability certificate as PW.2 and considered the probative value
of the oral and documentary evidence placed on record by the
claimant and allowed the claim petition by granting sum of
Rs.2,11,200/- as the compensation.
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6. Being aggrieved by the insufficient quantum of
compensation, the claimant is in this appeal.
7. Shri. S. S. Yaligar representing Shri. Mrutyunjay
Tata Bangi, learned counsel for the appellant, reiterating the
grounds urged in the appeal memorandum vehemently
contended that the compensation awarded by the Tribunal is on
the lower side and sought for suitable enhancement of the
compensation.
8. Per contra, Shri. M.A. Deshpande, learned counsel
for respondent No.2, opposed the appeal grounds and
contended that the quantum of compensation awarded by the
Tribunal is just and proper and sought for dismissal of the
appeal.
9. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
10. On such perusal of the material on records, the
accident involving the motor cycles referred supra on
07.04.2012 is established by placing necessary evidence on
record by the claimant. So also injuries sustained by the
claimant are properly established. Only on the question of pain
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and suffering and on the question of other heads, the claimant
seeking enhancement of the compensation.
11. According to disability certificate, 30% disability
factor is shown. Admittedly, PW.2 is not the treated doctor.
Therefore, the Tribunal was justified in assessing the disability
factor as 10% which is 1/3rd of the disability factor mentioned
in disability certificate.
12. Taking note of the fact that the income that has
been considered by the Tribunal for the accidental injuries
during the year 2007 is at Rs.6000/-, the claimant has made
out a case for reasonable enhancement in the compensation as
the notional amount to be adjudged for the accidental injuries
is to be assessed at Rs.6,500/-. Instead of enhancing the
compensation on each and every head, if a sum of Rs.20,000/-
is enhanced globally the same would meet the ends of justice.
13. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed.
(ii) As against the sum of Rs.2,11,200/- as
awarded by the Tribunal, the claimant would be
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entitled to a sum of Rs.2,31,200/- with interest at
the rate of 6 % per annum.
(iii) The Insurance Company is granted four
weeks time to deposit the balance compensation.
(iv) Ordered accordingly.
Sd/-
JUDGE
SMM
