Karnataka High Court
Hanumappa S/O. Hanumappa @ ... vs Ayyappa S/O. Sanna Havanna Kurubar on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:625
MFA No. 100149 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100149 OF 2018 (MV-I)
BETWEEN:
HANUMAPPA S/O. HANUMAPPA @ HANUMANTHAPPA
S/O. HANUMANTHAPPA BILEBHAVI,
AGE: 46 YEARS, OCC: AGRICULTURE AND SHEPHERD,
R/O. KANAKAPUR, TQ: GANGAVATHI,
DIST: KOPPAL-583235.
...APPELLANT
(BY SRI. D.H. PATTAR AND ANAND R. KOLLI, ADVOCATES)
AND:
1. AYYAPPA S/O. SANNA HAVANNA KURUBAR
AGE: 36 YEARS, OCC: DRIVER OF HERO H.F. DELUX,
MOTOR CYCLE BEARING NO. KA 27/V-9926,
R/O. HOSALLI, TQ:GANGAVATHI-583227.
2. THE MANAGER, NATIONAL INSURANCE CO.LTD.,
M.G. CIRLCE, RAICHUR-586101.
BHARATHI ...RESPONDENTS
HM
(BY SRI. R.S. ARANI, ADVOCATE FOR R2;
Digitally signed by R1 SERVED)
BHARATHI H M
Date: 2024.01.23
16:36:30 +0530
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND
AWARD DATED 9.6.2016 PASSED IN MVC NO.39/2015 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT
CLAIMS TRIBUNAL, GANGAVATHI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
-2-
NC: 2024:KHC-D:625
MFA No. 100149 of 2018
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for admission, by consent of
parties, matter is taken up for disposal.
2. Heard Shri. D. V. Pattar and Shri. Anand R. Kolli,
learned counsel for the appellant and Shri. R. S. Arani, learned
counsel for respondent No.2.
3. Claimant's appeal challenging the judgment and
award passed in MVC No.39/2015 dated 09.06.2016 by the
Senior Civil Judge and MACT, Gangavathi, only with regard to
the quantum of compensation.
4. Facts in brief which are utmost necessary for
disposal of the appeal are as under;
4.1. In respect of road traffic accident occurred on
11.04.2015 involving motor cycle bearing registration No.KA-
37/V-9926, a claim petition came to be filed by the claimant for
seeking compensation in respect of accidental injuries.
5. Claim petition was resisted by the Insurance
Company by filing written statement.
NC: 2024:KHC-D:625
6. The Tribunal after raising necessary issues and on
appreciation of oral and documentary evidence placed on
record on behalf of the parties, allowed the claim petition in a
sum of Rs.3,80,149/- as under:
A Loss of future income 2,13,840/-
B Pain and suffering 20,000/-
C Loss of amenities in life 10,000/-
D Loss of earning during treatment 12,000/-
E Diet, Nourishment, Attendants 5,000/-
charges and conveyance
F Medical reimbursement 1,19,309/-
Total Rs. 3,80,149/-
7. Being aggrieved by the same, the claimant is in
appeal seeking enhancement of the compensation.
8. Shri. D. V. Pattar, learned counsel for the appellant
reiterating the grounds urged in the appeal memorandum
contended that the Tribunal has assessed the monthly income
in a sum of Rs.6,000/- for the accidental injuries of the year
2015 and it should have been assessed notionally in a sum of
Rs.8,000/-.
9. He further contended that on the heads of pain and
suffering, loss of amenities, loss of earning during the
treatment period, diet and nourishment and other charges is
NC: 2024:KHC-D:625
also assessed on a lower rate and sought for enhancement of
the compensation.
10. Per contra, Shri. R. S. Arani, learned counsel for
respondent No.2, supported the impugned judgment and
contended that the quantum of compensation is just and
proper.
11. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
12. On such perusal of material on record, it is
established that the claimant sustained injuries on account of
road traffic accident involving the motor cycle bearing
registration No.KA-37/V-9926 on 11.04.2015.
13. The medical records would go to show that there is
a disability assessed at 100% whereas, the Tribunal has
assessed the disability at 33% taking note of the fact that PW.2
is not a treating doctor. Further, the monthly income has been
assessed by the Tribunal notionally in a sum of Rs.6,000/- .
14. In respect of the accidental injuries of the year
2015, normally this Court would assess the notional monthly
income in a sum of Rs.8,000/-. Therefore, a case is made out
for enhancement of the compensation. So also on the other
NC: 2024:KHC-D:625
heads the award of compensation is on the lower side as is
rightly contended by the learned counsel for appellant.
15. Therefore, need has arisen to re-assess the
compensation which is re-assessed as under:
A Loss of future income 2,85,120/-
B Pain and suffering 30,000/-
C Loss of amenities in life 15,000/-
D Loss of earning during treatment 16,000/-
E Diet, Nourishment, Attendants 20,000/-
charges and conveyance
F Medical reimbursement 1,19,309/-
Total Rs. 4,85,429/-
16. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against a sum of Rs.3,80,149/-, the
claimant is entitled to a sum of Rs.4,85,429/- with
interest as the rate of 6% per annum.
NC: 2024:KHC-D:625
(iii) The Insurance Company is granted four
weeks time to deposit the balance compensation
before the Tribunal.
(iv) Ordered accordingly.
Sd/-
JUDGE
SMM
