Karnataka High Court
Ravi Kumar vs Ramesh on 4 March, 2024
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NC: 2024:KHC-D:4797
MFA No. 24288 of 2013
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. 24288 OF 2013 (MV)
BETWEEN:
1. RAVI KUMAR S/O. SURESHAPPA PALANKAR,
SINCE DECEASED BY HIS LRS.
1A. SMT. PREMA W/O. RAVI KUMAR PALANKAR,
AGED: 35 YEARS,
OCC: HOUSEHOLD WORK.
1B. RAJU S/O. RAVI KUMAR PALANKAR,
AGED: 18 YEARS.
1C. KUMAR RAGHAVENDRA S/O. RAVI KUMAR PALANKAR,
AGED: 16 YEARS, OCC: STUDENT,
MINOR REPRESENTED BY HIS
NATURAL MOTHER M/G APPELLANT
NO.1A SMT. PREMA W/O. RAVI KUMAR PALANKAR,
ALL ARE R/O. MASUR VILLAGE,
Digitally TQ: HIREKERUR, DIST: HAVERI.
signed by
ROHAN
ROHAN HADIMANI
HADIMANI T ...APPELLANTS
T Date:
2024.03.05 (BY SRI. G. N. NARASAMMANAVAR FOR
11:09:38
+0530 SRI. LOKESH MALAVALLI, AND
SRI. M. R. MANAKUR, ADVOCATES)
AND:
1. RAMESH S/O. RAMACHANDRAPPA PATEKAR,
AGED: MAJOR, OCC: BUSINESS,
R/O. MASUR VILLAGE, TQ: HIREKERUR,
DIST: HAVERI.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD,
SHAMANUR BUILDING,
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NC: 2024:KHC-D:4797
MFA No. 24288 of 2013
CHAMARAJPET, DAVANAGERE.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO RESPONDENT NO.1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE
COMPENSATION AWARDED BY JUDGMENT AND AWARD PASSED BY
THE COURT OF SENIOR CIVIL JUDGE AND MACT, HIREKERUR IN MVC
6/2011 DATED 27-7-2013, BY MODIFYING THE IMPUGNED AWARD
AND ALLOW THIS APPEAL WITH COSTS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
2. This appeal is by the claimants seeking
enhancement of compensation being aggrieved by judgment
and award dated 27.07.2013 passed in MVC No.6/2013 by the
learned Senior Civil Judge and Addl. MACT, Hirekerur (for short,
'Tribunal').
3. Brief facts giving rise to filing of this appeal are that
on 28.11.2003, the deceased Ravikumar was traveling in the
vehicle bearing registration No.KA-27/1845 from Shimoga to
Masur after attending the marriage ceremony, the driver of
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offending vehicle was driving the same in a rash and negligent
manner. When it came near Kodamaggi cross, the driver lost
control over the vehicle, which led to vehicle toppled down and
caused accident. Due to which, the deceased Ravikumar
sustained grievous injuries and immediately, he was shifted to
PHC, Masur and then shifted to Dr.Mudri Private Hospital,
Ranebennur and took treatment. It is averred that while under
follow up treatment, the injured Ravikumar died on 24.04.2008
and in all, the claimants spent, Rs.80,000/- for medicines and
funeral ceremony. It is stated that as on the date of accident,
the deceased Ravikumar was aged 35 years and was doing
tailoring work and petty business, earning Rs.10,000/- per
month. Hence, the legal heirs of the deceased Ravikumar filed
claim petition seeking compensation.
4. Before the Tribunal, the Insurance Company
contested the proceedings by filing its statement of objections
and denied the entire claim petition averments. It is averred
that policy was not covered the unauthorized passengers and
driver had no valid driving license as on the date of accident.
Hence, sought dismissal of the claim petition.
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5. During the trial, appellant No.1(a), wife of deceased
Ravikumar examined herself as PW1 and got marked 19
documents as Exs.P1 to P19. The respondent/Insurer examined
one witness as RW1, but did not mark any document.
6. The Tribunal on appreciation of oral and
documentary evidence on record, allowed the claim petition in
part awarding a global compensation of Rs.43,000/- with
interest at 6% per annum from the date of petition till date of
payment.
7. Heard the learned counsel
Sri.G.N.Narasammanavar for the appellants/claimants and
learned counsel Sri.S.S.Koliwad, for the respondent/insurer.
8. Learned counsel Sri.G.N.Narasammanavar for the
appellants/claimants submits that the Tribunal committed an
error in awarding global compensation of Rs.43,000/- along
with interest at 6% per annum, under the head of medical
expenses, food and nourishment and transportation expenses.
Hence, he seeks to enhance the compensation appropriately.
9. Per contra, Sri.S.S.Koliwad, learned counsel for the
respondent/Insurance Company supporting the impugned
judgment and award of the Tribunal would submit that the
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Tribunal is justified in awarding a sum of Rs.43,000/- with
interest at 6% per annum, as the injured Ravikumar had
sustained simple minor injuries and he has not suffered any
disability. Thus, he seeks dismissal of the appeal.
10. Having heard the learned counsel for the parties
and on perusal of the material available on record including the
Tribunal records, the only point that would arise for
consideration in this appeal is, whether the claimant would be
entitled to enhanced compensation?
11. Answer to the above point would be in the
'affirmative' for the following reasons:
12. There is no dispute with regard to occurrence of the
accident on 28.11.2003 resulting in injuries to the deceased
Ravikumar. It is claimed that the deceased Ravikumar,
husband of appellant No.1 died during the pendency of claim
petition on 24.04.2008. On perusal of the material available on
record, this Court is of the considered view that the Tribunal is
justified in awarding Rs.25,000/- under the head of medical
expenses, taking note of medical bills available on record at
Ex.P7, P8, P10 and P17. The Tribunal has awarded a sum of
Rs.10,000/- under the head of food and nourishment and
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Rs.5,000/- towards transportation. The deceased Ravikumar
had taken treatment immediately after the accident initially at
PHC, Masur and thereafter at private hospital. Considering the
same, this Court is of the considered view that it would be just
and appropriate to award additional sum of Rs.15,000/- under
the head of food and nourishment charges, with interest at 6%
per annum from the date of petition till realization, which would
meet the ends of justice.
13. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to an additional sum
of Rs.15,000/- with interest at 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 six weeks from the date of
receipt of certified copy of this judgment.
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d) On such deposit, the same shall be released in
favour of the appellant No.1(a)/wife of the
deceased Ravikumar.
e) Registry transmit the TCR to the Tribunal
forthwith.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
