Karnataka High Court
Sri. Ganganayaka vs Govindappa on 10 January, 2024
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NC: 2024:KHC:1494
MFA No. 3528 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 3528 OF 2013 (MV)
BETWEEN:
1. SRI. GANGANAYAKA
S/O HARIYANAYAKA,
NOW AGED ABOUT 41 YEARS,
RESIDING AT SHANKARANAHALLI THANDYA,
KASABA HOBLI, ARASIKERE TALUK,
HASSAN DISTRICT 567101.
...APPELLANT
(BY SRI. KAMALA D K., ADVOCATE)
AND:
1. GOVINDAPPA
S/O SIDDAPPA,
DODDENAHALLI, BANAVAR HOBLI,
ARSIKERE TALUK,
HASSAN DISTRICT 567101.
Digitally
signed by 2. GOVINDARAJU
BHARATHI S S/O LATE NATESH,
Location:
HIGH HASSAN ROAD RIGHT SIDE,
COURT OF ARSIKERE TOWN,
KARNATAKA
ARSIKERE 567101.
...RESPONDENTS
(BY SRI. P P JAYAKUMAR., ADVOCATE FOR R2
R2 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 21.09.2012 PASSED IN MVC
NO.44/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
ADDITIONAL MACT, ARSIKERE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2024:KHC:1494
MFA No. 3528 of 2013
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 21.9.2012 passed in MVC No.
NO.44/2010 on the file of the Senior Civil Judge and JMFC
and Member, MACT, Arasikere1, seeking for enhancement of
compensation.
2. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
3. The claim petition has been filed by the claimant
claiming compensation for the injuries sustained in a road
traffic accident dated 24.10.2009. The Tribunal by its
judgment and award dated 21.9.2012 has awarded a
compensation of `30,000/-.
4. Learned counsel for the appellant submits that
although the doctor has not been examined it is forthcoming
from the wound certificate that the claimant has sustained
Hereinafter referred to as the 'Tribunal'
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injuries i.e., fracture of the 2nd and 3rd metatarsal bone and
hence, a higher compensation is required to be granted.
5. The submissions made by the learned counsel for
the appellant have been considered and the material on
record including the records of the Tribunal have been
perused.
6. It is forthcoming that apart from the wound
certificate - Ex.P4 having been produced the claimant has
not produced any other document to demonstrate the nature
of treatment that has been taken as also the expenses
incurred for the said treatment. Further, the doctor has also
not been examined.
7. The Tribunal upon an appreciation of the oral and
documentary evidence available on record has awarded a
lumpsum compensation of `30,000/-.
8. Although the doctor has not been examined as
also the fact that no other medical evidence has been
produced, having regard to the fact that the claimant has
sustained two fractures of the metatarsal of the right foot
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and the said injury being grievous in nature, it is clear that
the claimant would have incurred some expenses for
treatment of the said injuries as also he would not have been
able to work for some period till he recovered from the said
injury and that there would have been loss of income during
the said period.
9. Upon a re-appreciation of the material on record
it is just and proper that the above appeal be partly allowed
by enhancing the compensation by another lumpsum amount
of `5,000/- in addition to the compensation awarded by the
Tribunal.
10. In view of the aforementioned the following
order is passed:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 21.9.2012
passed in MVC No.44/2010 by the Senior Civil
Judge and JMFC and Member MACT, Arasikere, is
modified to the extent stated herein. In all other
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respects, the judgment and award of the Tribunal
remains unaltered;
iii) The appellant/claimant is entitled to enhanced
compensation of `5000/- in addition to the
compensation awarded by the Tribunal with
interest at 6% per annum from the date of
petition till its realisation.
iv) Respondent No.2 - owner is directed to deposit
the said compensation together with accrued
interest within a period of six weeks from the
date of receipt of a copy of the judgment;
v) After deposit, the entire enhanced compensation
with accrued interest shall be disbursed to the
appellant/claimant;
vi) The Registry to draw the modified award
accordingly.
vi) No costs.
Sd/-
JUDGE
ND
