Karnataka High Court
Rudramma vs Siddalingappa on 4 March, 2024
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NC: 2024:KHC-D:4828
MFA No. 101595 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101595 OF 2016 (MV-I)
BETWEEN:
SMT. RUDRAMMA W/O. HANUMANTHAPPA,
AGE: 43 YEARS, OCC: AGRICULTURAL COOLIE,
R/O. INDIRA NAGAR, HANDIHAL VILLAGE,
TQ AND DIST: BALLARI.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. SRI. SIDDALINGAPPA S/O. K. MALLIKARJUN,
AGE: MAJOR, DRIVER OF MAXI CAB
KA-35/A-9536, R/O. D.NO.6, W.NO.10,
KORLAGUNDI POST, TQ: DIST: BALLARI.
2. SRI. P. MEHABOOB SUBHANI,
S/O. HONNUR VALI, AGE: MAJOR,
OWNER OF THE MAXI CAB KA-35/A-9536,
R/O. 2722, PLC COLONY, T. B. DAM,
Digitally signed GOVERNMENT HIGH SCHOOL,
by ROHAN HOSAPETE, DIST: BALLARI.
HADIMANI T
Location: HIGH
COURT OF 3. THE DIVISIONAL MANAGER,
KARNATAKA NATIONAL INSURANCE COMPANY LTD,
PARVATHI NAGAR, BALLARI.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADV. FOR R3,
NOTICE TO R1 & R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT 1988, PRAYING TO THE JUDGMENT AND
AWARD DT: 11.04.2014 UB MVC NO.497/2013 PASSED BY THE
LEARNED MOTOR ACCIDENT CLAIMS TRIBUNAL NO.II AT BALLARI,
MAY KINDLY BE SET ASIDE ONLY IN SO FAR IT PERTAINS TO THE
REJECTION OF THE CLAIM OF THE APPELLANT AND ALLOW THE
APPEAL AS PRAYED FOR WITH COST IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2024:KHC-D:4828
MFA No. 101595 of 2016
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the injured/appellant seeking for
enhancement of compensation being aggrieved by the
judgment and award dated 11.04.2014, passed in MVC
No.497/2013 on the file of the Motor Accidents Claim Tribunal-
II, Bellary (for short, Tribunal).
2. Brief facts leading to filing of this appeal are that on
13.02.2013 at about 4.25 p.m., the appellant was proceeding
in Maxi Cab bearing Registration No.KA-35/A-9536 from
Koriagundi village to Bajjiginahal village. At that time, the
Tribunal of the Maxi Cab drove it in a rash and negligent
manner so as to endanger human life and turtled the said Maxi
Cab by the side of the road and met with an accident. The
appellant sustained grievous injury all over the body and she
took treatment in Sanjeevini Hospital, Bellary, by incurring
expenditure of Rs.25,000/- towards medicines and treatment.
It is averred that she was aged about 45 years and earning
Rs.1,50,000/- per annum from the agriculture. Hence, she
sought for compensation.
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3. The respondent entered appearance before the
Tribunal and filed statement of objections denying the mode of
accident, age, occupation, income and injuries sustained by the
injured/appellant and sought for dismissal of the claim petition.
4. The appellant was examined himself as PW1 and
relied upon 26 documents, marked as Exs.P1 to P26.
5. The Tribunal considering the rival contentions and
evidence on record has awarded total compensation of
Rs.10,000/- with interest at the rate of 6% per annum from the
date of petition till its realization. Being aggrieved by the
quantum of compensation, the injured/appellant has filed this
present appeal seeking enhancement.
6. I have heard the arguments of learned counsel for
the injured/appellant and the respondent No.3/Insurance
Company.
7. Sri. Hanumanthareddy Sahukar, learned counsel
appearing for the appellant submits that the Tribunal has
committed grave error in not awarding proper compensation to
the injured/appellant. The appellant has taken treatment in
Sanjeevini Hospital, Bellary and incurred Rs.25,000/- towards
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the medical expenses. The Wound Certificate indicates that she
suffered certain injuries and the award of compensation of
Tribunal is at meager side. Hence, he seeks to allow the appeal
by enhancing the compensation.
8. Per contra, Smt. Aruna R. Deshpande, learned
counsel appearing for the respondent supports the impugned
judgment and award of the Tribunal and seeks to dismiss the
appeal.
9. Having heard the arguments of the learned counsel
representing the respective parties and perused the material
evidence available on record. It is not in dispute that the
appellant has suffered injury in a road accident on 13.02.2013,
when she was proceeding in Maxi Cab bearing Registration
No.KA-35/A-9536. The injuries sustained her, claim as a
grievous injuries and it is claimed that she has incurred huge
medical expenses towards the treatment in the aforesaid
hospital. On perusal on the Wound Certificate issued by the
VIMS Hospital, Bellary, it is evident that the appellant has
sustained multiple abrasion over left knuckles of hands and
swelling of left upper lip. The above said injuries are simple in
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nature. Taking note of the evidence available on record it would
be just and proper to award additional compensation of
Rs.10,000/- to the appellant along with interest at the rate of
6% per annum from the date of petition till realization.
10. For the aforementioned reasons, I pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and
award of the Tribunal is modified to an
extent that the appellant is entitled for
additional sum of Rs.10,000/- along
with interest at the rate of 6% per
annum from the date of petition till its
realization.
c) The insurance company shall
deposit the said amount with accrued
interest before the Tribunal within a
period of six weeks from the date of
receipt of certified copy of this
judgment.
d) On such deposit, the same shall
be released in favour of the
injured/appellant.
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e) The appellant is not entitled for
the interest on the enhanced
compensation of Rs.10,000/- for the
delayed period of 662 days delay in
filing the appeal.
f) Draw modified award accordingly.
Sd/-
JUDGE
PMP
