Karnataka High Court
Vikas A G vs Aadharsha B K on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:24349
MFA No. 4143 of 2020
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. 4143 OF 2020 (MV-I)
BETWEEN:
VIKAS A G
S/O. ANDHANAIAH. M.B.,
AGED ABOUT 26 YEARS,
R/AT. 1ST MAIN, 5TH CROSS,
INDIRANAGARA, HARIHARA,
DAVANAGERE DISTRICT,
PIN CODE-577 601.
...APPELLANT
(BY SRI. PRAKASHA H C.,ADVOCATE)
AND:
1. AADHARSHA B K
S/O. BASAVARAJAPPA,
AGED ABOUT 27 YEARS,
RIDER OF BIKE,
R/AT. MASUR VILLAGE,
HIREKERURU TALUK,
Digitally signed by B
HAVERI DISTRICT,
K PIN CODE-581 210.
MAHENDRAKUMAR
Location: HIGH
COURT OF 2. DHANU HONDA
KARNATAKA K.T. BUILDING,
NEAR NANDHA PETROL BUNK,
P.B. ROAD, HARIHARA,
DAVANAGERE DISTRICT,
PIN CODE-577 516,
REPRESENTED BY ITS MANAGER.
3. THE MANAGER
THE NEW INDIA INSURANCE CO. LTD.,
NEAR VIDHARTHI BHAVAN,
DAVANAGERE-577 001.
...RESPONDENTS
(BY SRI.JAGADEESH.G.S, ADVOCATE FOR R-3)
-2-
NC: 2024:KHC:24349
MFA No. 4143 of 2020
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 28.03.2019, PASSED IN MVC
NO.474/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., AND ADDITIONAL MACT, HARIHARA, 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 arises out of the judgment and award
dated 28.03.2019 passed by the Senior Civil Judge, JMFC &
MACT, at Harihara in MVC.No.474/2017.
2. The claimant having sustained accidental injuries on
30.08.2015 filed a claim petition stating that when he was traveling
on the motor cycle as a pillion rider sustained accidental injuries
due to the rash and negligent riding by the rider of the offending
motor cycle. The Tribunal awarded total compensation amount of
Rs.53,483/-.
3. Heard learned counsels for the parties and perused the
trial court records.
4. The appellant has not examined the doctor to assess the
functional disability due to the injuries sustained. The claimant
suffered a cut lacerated wound at palatal of the nose extended to
cheek and other two injuries.
NC: 2024:KHC:24349
5. Taking into account the nature of the injuries sustained,
and the claimant was an in-patient for 23 days, the claimant is
entitled for an enhancement compensation amount of Rs.50,000/-
in addition to the amount Rs.53,483/- granted by the Tribunal.
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.1,03,483/- as opposed to
Rs.53,483/- awarded by the Tribunal.
7. The enhanced compensation amount of Rs.50,000/- (i.e.
Rs.1,03,483 - Rs.53,483) shall carry interest at the rate of 6% per
annum from the date of the appeal till the date of realization.
Sd/-
JUDGE
DHA
