Karnataka High Court
Bhyravi @ Byramma vs Lokesh on 31 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:30170
MFA No. 8254 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 8254 OF 2023 (MV-I)
BETWEEN:
BHYRAVI @ BYRAMMA
W/O PARAMESH
AGED ABOUT 38 YEARS
RESIDING AT NO.209
DEVAGERE CROSS
NEAR BEKARY STORE
KUMBALAGOODU
BENGALURU-560 060
...APPELLANT
(BY SRI. SHANTHARAJ K, ADVOCATE)
AND:
1. LOKESH
S/O HANUMAIAH
MAJOR
RESIDING AT PARASANNA PALYA
Digitally signed by VILLAGE, SHANUMANGALA POST
SHAKAMBARI
Location: HIGH BIDADI HOBLI
COURT OF RAMANAGARA TALUK-562 109
KARNATAKA
2. THE MANAGER
UNIVERSAL SAMPOOR GEN. INS.CO.LTD
NO.217/A, 3RD FLOOR, KVV SAMRAT
3RD MAIN, OUTER RING ROAD
KASTURINAGAR
BENGALURU-560 043
...RESPONDENTS
(BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED VIDE ORDER
DT.31.07.2024)
-2-
NC: 2024:KHC:30170
MFA No. 8254 of 2023
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.06.2023 PASSED IN MVC
NO. 181/2020 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, RAMANAGARA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by appellant-claimant challenging
the judgment and award dated 23.6.2023 passed by MVC NO.
181/2020 on the file of the Additional Senior Civil Judge and
JMFC, Ramanagara, (for short `the Tribunal').
2. The appeal is founded on the premise that
compensation awarded by the Tribunal is inadequate.
3. The parties shall be referred to as per their status
before the Tribunal.
4. The Tribunal has awarded a global compensation of
Rs.1,20,000/- with additional medical expenses of Rs.80,239/-
in all amounting to Rs.1,60,000/- along with interest at 7%
p.a.
NC: 2024:KHC:30170
5. It is the vehement contention of the learned counsel
for the appellant that the compensation awarded by the
Tribunal is on the lower side; Tribunal has failed to appreciate
the injuries sustained by the appellant as described in the
wound certificate at Ex.P5, so also the Doctor has opined that
there is de gloving injury on the left side of face and scalp
which is grievous in nature. This has not been taken into
consideration while awarding the compensation. On these
grounds, he seeks to allow the appeal and consequently to
enhance the compensation.
6. Per contra, learned counsel representing the Insurance
Company submits that the Tribunal has awarded just and
reasonable compensation relying upon the evidence of Doctor
who is examined as PW.2 He has clearly opined that the
appellant has not sustained any permanent physical
impairment. Hence, the claimant would not be entitled to any
compensation towards loss of earning capacity due to disability
on the basis of which, the Tribunal has awarded compensation
under other heads in all amounting to Rs.1,60,000/- along with
interest @7% which is on the higher side. Therefore, he
contends that no indulgence is required by this Court as just
NC: 2024:KHC:30170
and reasonable compensation has been awarded by the
Tribunal.
7. Having heard the learned counsel for both the parties,
occurrence of accident, involvement of the vehicle, injuries
sustained by the claimant are not disputed. The opinion
expressed by the Doctor has been accepted by the Tribunal and
global compensation has been awarded. It is seen that the
appellant has sustained degloving injuries on the left side of
the face and scalp and as per the opinion expressed by the
doctor it is grievous in nature. The medical expenses incurred
by the appellant is amounting to Rs.80,329/- as she was in-
patient for 6 days.
8. In view of the evidence adduced by PW.1 and 2,
considering the fact that appellant sustained grievous injuries
and degloving injuries on the left side of the face and scalp,
this Court is of the opinion that an amount of Rs.75,000/- could
be awarded as global compensation in addition to an amount of
Rs.1,60,000/- awarded by the Tribunal totaling to
Rs.2,35,000/-. Accordingly, I pass the following:
ORDER
i) The appeal is allowed in-part.
NC: 2024:KHC:30170
ii) Judgment and Award passed in
MVC NO. 181/2020 by the Additional MACT
and I Addl.Senior Civil Judge and JMFC,
Ramanagara, is modified.
iii) Claimant is entitled to a total
compensation of Rs.2,35,000/-. The balance
compensation shall be paid within a period of
four weeks and deposit before the
jurisdictional Tribunal, appellant-claimant
shall be entitled to withdraw the amount
upon proper identification.
iv) The enhanced compensation
shall carry interest at 6%.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
SK
