Karnataka High Court
Sri Sharanappa Kuntoor vs Sri Kodandaramaiah on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24228
MFA No. 4719 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 4719 OF 2019 (MV-I)
BETWEEN:
1. SRI SHARANAPPA KUNTOOR
S/O SHARANAPPA
S/O MAHARUDRAPA KUNTOOR @ MAHARUDRAPPA
AGED ABOUT 41 YERS,
PERMANENT R/O
1-6 BHALAKI MAROOR
BIDAR KARNATAKA -585 413
PRESENTLY R/AT
NO.48 7TH CROSS
10TH MAIN 1ST PHASE,
J P NAGAR, BENGALURU-560 078
...APPELLANT
(BY SRI. GURUDEV PRASAD K T.,ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR AND:
Location: HIGH
COURT OF
KARNATAKA 1. SRI KODANDARAMAIAH
S/O CHANNAPPA
MAJOR, R/AT 645 GROUND FLOOR
6TH MAIN 9TH CROSS
RAJGOPALANAGAR
PEENYA 2ND STAGE,
BENGALURU-560 058.
2. THE MANAGER
NATIONAL INSURANCE CO LTD
TP HUB 2ND FLOOR
-2-
NC: 2024:KHC:24228
MFA No. 4719 of 2019
SHUBHARAM COMPLEX,
M.G. ROAD, BENGALURU-560 002.
...RESPONDENTS
(BY SRI. S.V.HEGDE MULKHAND., ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED18.01.2019 PASSED IN MVC
NO.5423/2017 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE
JUDGE & MACT, BENGALURU (SCCH-17), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Appeal is filed by the claimant under Section 173(1) of
The Indian Motor Vehicles Act challenging the judgment and award
dated 18.01.2019 passed by the XIX Addl. Small Causes Judge
and MACT, Bengaluru in MVC.No.5423/2017.
2. Claimant having sustained accidental injuries filed the
claim petition under Section 166 of the Motor Vehicles Act, to
award just and proper compensation, The Tribunal awarded a sum
of Rs.3,11,429/- towards compensation. Taking exception to the
same, this appeal is filed seeking enhancement of compensation.
3. Heard learned counsels for the parties and perused the
Trial Court records.
4. The appellant / claimant sustained accidental injuries on
04.09.2017 and same is not disputed .The appellant / claimant
suffered fracture shaft of right femur and was in-patient for 5 days.
NC: 2024:KHC:24228
The Doctor who was examined as PW.2 assessed permanent
disability to the lower limb at 31.5% and the functional disability
was assessed at 13.5%.
5. Taking into account the nature and injuries suffered, the
compensation awarded by the Tribunal is re-assessed as follows:
As awarded As awarded
Compensation under by the by this Court
different Heads Tribunal (Rs.)
(Rs.)
Pain and sufferings 40,000 75,000
Food, nourishment, 15,000 20,000
conveyance and attendant
charges
Towards Medical expenses 24,209 24,209
Loss of income during laid 1,22,220 1,22,220
up period
Towards loss of amenities 30,000 50,000
Towards disability 50,000 50,000
Future medical expenses 30,000 40,000
Loss of future income due to Nil Nil
permanent disability
Total 3,11,429 3,81,429
6. In the result, the appeal is allowed-in-part. The
judgment of the Claims Tribunal is modified. The claimant is
entitled for a total compensation of Rs.3,81,429/- as opposed to
Rs.3,11,429/- awarded by the Tribunal.
NC: 2024:KHC:24228
7. The enhanced compensation amount of Rs.70,000/-
(i.e.,Rs.3,81,429 - Rs.3,11,429) shall carry interest at the rate of
6% per annum from the date of filing the petition till the date of
realization.
To this extent, the impugned judgment and award stands
modified.
Sd/-
JUDGE
DHA
