Karnataka High Court
K C Manjunath vs T G Nagesh on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:25979
MFA No. 1453 of 2020
C/W MFA No. 1342 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 1453 OF 2020 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1342 OF 2020 (MV-I)
IN M.F.A.No.1453/2020
BETWEEN:
K. C. MANJUNATH,
S/O LATE K.S. CHANDRA,
AGED ABOUT 42 YEARS,
R/AT KSRTC MECHANIC,
GULPET,
KOLAR DISTRICT - 563 101.
...APPELLANT
(BY MS.AKSHAYA K., ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
Digitally signed by B AND:
K
MAHENDRAKUMAR
Location: HIGH 1. T. G. NAGESH,
COURT OF S/O T. R. GOPAL KRISHNAIAH SHETTY,
KARNATAKA
AGED ABOUT 54 YEARS,
R/O NO.918, CHAMPAK NILAYA,
NEAR JAIN MANDIR,
BRAMEEN STREET,
KOLAR - 563 101.
2. UNITED INDIA INSURANCE CO. LTD.,
SUGUNA NURSING HOME BUILDING,
ANTHARAGANGE ROAD,
-2-
NC: 2024:KHC:25979
MFA No. 1453 of 2020
C/W MFA No. 1342 of 2020
NEAR KSRTC BUS STAND,
KOLAR - 563 101,
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. VISHWANATHA K., ADVOCATE FOR R1;
SRI.JANARDHAN REDDY, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.09.2019 PASSED IN MVC NO.
219/2017 ON THE FILE OF THE MACT, AND III ADDITIONAL SENIOR
CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN M.F.A.No.1342/2020
BETWEEN:
ANJANAREDDY V.,
S/O LATE VENKATAPPA,
AGED ABOUT 32 YEARS,
R/AT TALAGUNDA VILLAGE,
MEDIHALA POST, VAKKALERI HOBLI,
KOLAR TALUK AND DISTRICT,
NOW R/AT C/O SUBRAMANI,
SARIGENAGARA,
KOLAR DISTRICT - 563 101.
...APPELLANT
(BY MS.AKSHAYA K., ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. T. G. NAGESH,
S/O T. R. GOPAL KRISHNAIAH SHETTY,
AGED ABOUT 54 YEARS,
R/O NO.918, CHAMPAK NILAYA,
-3-
NC: 2024:KHC:25979
MFA No. 1453 of 2020
C/W MFA No. 1342 of 2020
NEAR JAIN MANDIR,
BRAMEEN STREET,
KOLAR - 563 101.
2. UNITED INDIA INSURANCE CO. LTD.,
SUGUNA NURSING HOME BUILDING,
ANTHARAGANGE ROAD,
NEAR KSRTC BUS STAND,
KOLAR - 563 101,
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. VISHWANATHA K., ADVOCATE FOR R1;
SRI.JANARDHAN REDDY, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.09.2019 PASSED IN MVC NO.
220/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL
JUDGE, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section 173(1) of
the Motor Vehicles Act, 1988 challenging the judgment and award
dated 24.09.2019 in MVC Nos.219/2017 and 220/2017 passed by
the learned MACT and III Addl. Senior Civil Judge, Kolar.
2. The claim petitions were filed under Section 166 of the
MV Act seeking just and proper compensation stating that when the
claimant in MVC No.219/2017 was proceeding along with the
NC: 2024:KHC:25979
claimant in MVC.No.220/2017 as a pillion rider towards old bus
stop from Srinivasapura Circle on the motorcycle, at that point of
time, the driver of the car driven in a rash and negligent manner
collided with the motor cycle, as a result of which the claimants
sustained accidental injuries.
3. Heard the learned counsel for the parties and perused
the records.
4. The Tribunal awarded compensation amount of
Rs.25,000/- to the claimant in MVC.No.219/2017 and a sum of
Rs.1,35,975/- to the claimant in MVC.No.220/2017. The claimant in
MVC No.220/2017 was employed in KSRTC and despite the
injuries, continued to work and therefore, the Tribunal has rightly
denied the compensation towards loss of dependency. The
claimant in MVC No.219/2017 sustained multiple abrasion on the
face and traumatic head injury. The claimant in MVC No.220/2017
sustained Right leg distal end both bone fractures.
5. Given the nature of the injuries sustained by the
claimants, the compensation amount awarded by the Tribunal is
enhanced to the following extent:
a. The claimant in MVC No.219/2017 is entitled
for a total compensation of Rs.45,000/- as opposed to
Rs.25,000/- awarded by the Tribunal.
b. The claimant in MVC No.220/2017 us entitled
for a compensation amount of Rs.1,60,975/- as opposed
to Rs.1,35,975/- awarded by the Tribunal.
NC: 2024:KHC:25979
c. The enhanced compensation amount
awarded to each of the claimant shall not carry any
interest.
To this extent, the impugned award stands modified and the
appeals are allowed-in-part.
Sd/-
JUDGE
RKA
