Karnataka High Court
Sri Ningegowda vs Sri Swamy on 5 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:9250
MFA No. 8436 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.8436 OF 2016(MV-I)
BETWEEN:
SRI. NINGEGOWDA
S/O LATE BOREGOWDA,
AGED ABOUT 57 YEARS,
R/A JOGIPURA VILLAGE,
KASABA HOBLI,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT-573 201.
...APPELLANT
(BY SRI. JAGADEESH.H.T., ADVOCATE FOR
SRI. KUMAR.H.N., ADVOCATE)
AND:
1. SRI. SWAMY S/O ERAPPA,
AGED ABOUT 45 YEARS,
ATHANI COLONY, KASABA HOBLI,
ARAKALAGUDU TALUK,
HASSAN DISTRICT-573 201.
Digitally signed by
THEJASKUMAR N
Location: HIGH
2. THE MANAGER,
COURT OF THE RELIANCE GENERAL INSURANCE CO. LTD.,
KARNATAKA
IST FLOOR, KRUTHIKA ARCADE,
NEAR N.R.CIRCLE,
HASSAN TOWN, HASSAN-573 201.
...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED:08.08.2017;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:29.07.2015
-2-
NC: 2024:KHC:9250
MFA No. 8436 of 2016
PASSED IN MVC NO.935/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, CHANNARAYAPATNA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Jagadeesh.H.T., learned counsel on behalf of
Sri.Kumar.H.N., for the appellant and Sri.H.S.Lingaraj., learned
counsel for respondent No.2 have appeared in person.
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 13th day of
December 2013 at about 9:00 pm., he was sitting at APMC
market and a Tata goods lorry bearing Registration No.KA-13-
B-9515 came from market and while crossing, the driver of the
same drove the lorry in a rash and negligent manner and ran
over on his left foot, as a result he sustained grievous injuries.
Immediately, he was shifted to Government Hospital and Punya
Hospital, Channarayapatna and took treatment as an in-patient
NC: 2024:KHC:9250
and continued follow-up treatment. Contending that the
accident occurred due to the rash and negligent driving of the
Lorry, the claimant filed claim petition seeking compensation.
In response to the notice, the first respondent remained
absent before the Tribunal and hence, he was placed ex-parte.
The second respondent appeared through its counsel and filed a
detailed written statement and denied the petition averments.
Among other grounds, it 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:29.07.2015 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 and respondent
No.2 have urged several contentions. Heard, the contentions
urged on behalf of the respective parties and perused the
appeal papers and the records with utmost care.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
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7. The facts are sufficiently stated and do not require
reiteration.
Learned counsel for the appellant in presenting his
arguments strenuously urged that the Tribunal has erred in
awarding meager global compensation. He drew the attention
of the Court to the Wound Certificate and submits that global
compensation may be enhanced.
Perused the records with utmost care. The Wound
Certificate depicts that he has suffered multiple injuries.
Looking into the nature of injuries sustained by the claimant,
this Court deems it appropriate to enhance the global
compensation to Rs.50,000/- (Rupees Fifty Thousand only) as
against Rs.40,000/- (Rupees Forty Thousand only) awarded by
the Tribunal.
8. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part. The Judgment dated:29.07.2015
passed by the Court of Senior Civil Judge,
Channarayapatna in M.V.C No.935/2014 is modified
holding that the claimant is entitled for the
NC: 2024:KHC:9250
enhanced global compensation of Rs.10,000/-
(Rupees Ten Thousand only) with interest at the
rate of 6% per annum from the date of the claim
petition till the date of realization.
2. The second respondent Insurance
Company is directed to pay the enhanced global
compensation along with 6% interest within a
period of two months from the date of receipt of
the certified copy of this Judgment.
3. Needless to observe that the claimant is
not entitled for the interest for delay period.
4. The Registry to draw the modified award
accordingly.
5. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
