Karnataka High Court

Sharief vs Vinil Sebastian on 5 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                  -1-
                                                               NC: 2024:KHC:9249
                                                            MFA No. 8249 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF MARCH, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.8249 OF 2016(MV-I)

                      BETWEEN:

                      SHARIEF S/O ADAM,
                      NOW AGED ABOUT 29 YEARS,
                      R/O KODIMBALA HOUSE,
                      KODIMBALA POST AND VILLAGE PUTTUR,
                      TALUK DAKSHINA KANNADA DISTRICT - 574 201.
                                                                     ...APPELLANT
                      (BY SRI.VISHWANATHA POOJARY.K., ADVOCATE)

                      AND:

                      1.    VINIL SEBASTIAN
                            S/O PAPACHAN
                            NOW AGED ABOUT 31 YEARS
                            R/O GUDDEMANE HOUSE,
                            KUDREGUNDI VILLAGE, N R PURA,
                            TALUK CHIKKAMAGALORE,
Digitally signed by         DISTRICT PIN - 577 546.
THEJASKUMAR N
Location: HIGH
COURT OF              2.    VINIL SEBASTIAN
KARNATAKA
                            S/O SEBASTIAN,
                            MAJOR,
                            R/O GUDDEMANE HOUSE,
                            KUDREGUNDI VILLAGE, N R PURA TALUK,
                            CHIKKAMAGALORE DISTRICT PIN - 577 546.

                      3.    MR. KRISHNAPPA POOJARY
                            S/O LATE SANKAPPA POOJARY,
                            R/AT 43-A, HALASINAKATTE HOUSE,
                            VITTAL MUDNOOR POST AND VILLAGE,
                            BANTWAL TALUK, DAKSHINA KANNADA,
                            DISTRICT PIN - 574 211.
                                -2-
                                               NC: 2024:KHC:9249
                                          MFA No. 8249 of 2016




4.   THE MANAGER,
     THE ORIENTAL INSURANCE CO.LTD.,
     BRANCH OFFICE KRISHNA PRASAD,
     BUILDING, MAIN ROAD,
     PUTTUR, DAKSHIN KANNADA,
     DISTRICT PIN - 574 201.
                                                ...RESPONDENTS
(NOTICE TO R1 AND R3-DISPENSED WITH
  V/O DATED:16.07.2019;
  BY SRI. N SHIVAKUMAR., ADVOCATE FOR R2;
  SRI. O.MAHESH., ADVOCATE FOR R4)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 29.09.2016
PASSED IN MVC NO.58/2014 ON THE FILE OF ADDL. SENIOR
CIVIL JUDGE AND MEMBER, MACT, AT PUTTUR.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION,    THIS      DAY,   THE   COURT     DELIVERED       THE
FOLLOWING:
                          JUDGMENT

Sri.Vishwanatha Poojary., learned counsel for the

appellant has appeared in person.

Sri.O.Mahesh., learned counsel for respondent No.2 has

appeared through video conferencing.

NC: 2024:KHC:9249

2. Though the appeal is listed today for admission,

with the consent of learned counsel for the respective parties, it

is heard finally.

3. For the sake of convenience, the parties shall be

referred to as per their status and rankings before the Tribunal.

4. It is the case of the claimant that on the 20th day of

December 2012 at about 10:30 pm., he being the pillion rider

on a Motorcycle bearing Registration No.KA-19-ED-4074 and

Hameed was riding the motorcycle and he was a pillion rider.

They were proceeding from Nettana towards Kadaba and when

they reached near Mardala, at that time, the first respondent

being the rider of Motorcycle bearing Registration No.KA-18-V-

810 came from opposite direction in a rash and negligent

manner and hit claimants motorcycle. Due to the impact, the

claimant sustained grievous injuries. He was shifted to A.J

Hospital, Mangalore, where he obtained treatment as an in-

patient from 21.12.2012 to 07.01.2013 for eighteen days.

Contending that he sustained injuries on account of the

accident, the claimant filed claim petition seeking

compensation.

NC: 2024:KHC:9249

In response to the notice, the respondents appeared

through their counsel. Respondents 1, 3 and 4 filed separate

written statements and denied the petition averments. Among

other grounds, they prayed for dismissal of the petition.

Based on the above pleadings, the Tribunal framed

Issues, parties led evidence and marked the documents. The

Tribunal vide Judgment dated:29.09.2016 partly allowed the

petition. It is this Judgment that is called into question in this

appeal on several grounds as set-out in the Memorandum of

appeal.

5. Learned counsel for the appellant submits that the

Judgment of the Tribunal is contrary to the evidence on record

and law.

Next, he submits that the Tribunal has erred in awarding

Rs.75,000/- (Rupees Seventy Five Thousand only) towards

Pain, sufferings and injuries.

A further submission is made that the Tribunal has erred

in awarding meagre amount under other heads.

NC: 2024:KHC:9249

Lastly, he submits that viewed from any angle, the award

of meagre compensation is untenable. Therefore, he submits

that the award of the Tribunal requires interference and

accordingly, prayed to allow the appeal.

Learned counsel for the Insurance Company justified the

Judgment of the Tribunal. He submits that the appeal is devoid

of merits and the same may be dismissed.

Heard, the contentions urged on behalf of the respective

parties and perused the appeal papers and also the records

with utmost care.

6. The point that requires consideration is whether the

claimant is entitled for enhanced compensation?

7. The facts are sufficiently stated and do not require

reiteration. The claimant's appeal is one for enhancement of

compensation and modification of the judgment. The Tribunal

taking note of the material evidence on record concluded that

the Claimant sustained injuries due to the actionable negligence

on the part of the rider of the offending vehicle.

NC: 2024:KHC:9249

The grounds urged in the present appeal are mainly

relating to the meager compensation awarded under different

heads by the Tribunal. The Claimant has suffered pain and

agony owing to the injuries sustained in the accident in

question. Hence, this Court deems it appropriate to award

Rs.1,00,000/- (Rupees One Lakh only) towards pain, sufferings

and injuries as against Rs.75,000/ (Rupees Seventy Five

Thousand only) awarded by the Tribunal.

The amount of Rs.66,977/- (Rupees Sixty Six Thousand

Nine Hundred and Seventy Seven only) towards Medical bills

and Rs.4,194/- (Rupees Four Thousand One Hundred and

Ninety Four only) towards Loss of earning during treatment

period awarded by the Tribunal remains intact.

This Court deems it appropriate to award Rs.15,000/-

(Rupees Fifteen Thousand only) towards Food, nourishment,

conveyance and attendant charges as against Rs.10,000/-

(Rupees Ten Thousand only).

It is noticed that the Tribunal has not awarded

compensation under the head loss of amenities. Therefore, this

Court deems it appropriate to award Rs.13,829/- (Rupees

NC: 2024:KHC:9249

Thirteen Thousand Eight Hundred and Twenty Nine only)

towards loss of amenities.

8. Accordingly, this Court re-determines the

compensation as under:-

1. Pain, Sufferings and 75,000 + 25,000 Rs.1,00,000/-

injuries

2. Medical Bills 66,977 Rs.66,977/-

3. Food, nourishment, 10,000 + 5,000 Rs.15,000/- conveyance and attendant charges

4. Loss of earning during 4,194 Rs.4,194/-

treatment period

5. Loss of amenities 13,829 Rs.13,829/-

Total: Rs.2,00,000/-

(Less) Compensation awarded by the - Rs.1,56,200/-

Tribunal:

Enhanced compensation awarded by this Rs.43,800/-

Court:

Having regard to the facts and circumstances of the case

and the prevailing rate of interest during the relevant time, this

Court deems it appropriate to award interest at the rate of 6%

per annum on the enhanced compensation amount from the

date of claim petition till realization.

NC: 2024:KHC:9249

9. Hence, the following:

ORDER

1. The Miscellaneous First appeal is

allowed and the Judgment dated:29.09.2016

passed by the Court of Addl. Senior Civil Judge and

Member, M.A.C.T at Puttur, D.K in M.V.C

No.58/2014 is modified to the extent stated

hereinabove.

2. The claimant is entitled for the enhanced

compensation of Rs.43,800/- (Rupees Forty Three

Thousand Eight Hundred only) with interest at the

rate of 6% per annum from the date of the claim

petition till the date of realization.

3. The second respondent is deposit to pay

the enhanced compensation amount along with 6%

interest within a period of two months from the

date of receipt of the certified copy of this

Judgment.