Karnataka High Court
Reddappa vs Dr S M V Kumar Gowda on 5 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:9236
MFA No. 3750 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.3750 OF 2016(MV-I)
BETWEEN:
REDDAPPA
S/O CHANNAVENKATAPPA,
AGED ABOUT 25 YEARS,
R/AWT A COACHING DEPOT OFFICER,
SOUTH WESTERN RAILWAY,
BANGALORE-560 022.
...APPELLANT
(BY SRI. SIDDAPPA.S.JUCHINI., ADVOCATE)
AND:
1. DR. S M V KUMAR GOWDA
S/O MUNIVENKATAPPA,
AGED ABOUT MAJOR,
SRI. SAI VIHARIKA NURSHING HOME,
WARD NO.9, MUTHYALA PETE,
MULBAGAL TALUK, KOLAR-563 131.
Digitally signed by
THEJASKUMAR N
Location: HIGH 2. REGIONAL MANAGER,
COURT OF ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
KARNATAKA
S.V.R. COMPLEX, 1ST FLOOR,
HOSUR MAIN ROAD, MADIWAL,
BANGALORE-560 068.
...RESPONDENTS
(NOTICE TO R1-HELD SUFFICIENT V/O DATED:01.03.2024
BY SRI. P.S.JAGADISH., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
-2-
NC: 2024:KHC:9236
MFA No. 3750 of 2016
AGAINST THE JUDGMENT AND AWARD DATED: 13.07.2015
PASSED IN MVC NO.3104/2014 ON THE FILE OF THE MEMBER
MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU.
THIS MISCELLANEOUS APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.P.S.Jagadish., learned counsel for respondent No.2
has appeared in person.
2. Though the appeal is listed today for admission, it is
heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their rankings before the Tribunal.
4. The brief facts are these:
On the 9th day of February 2014 at about 7:00 pm., the
claimant was proceeding in a Car bearing Registration KA-07-
M-4909 on NH-75 towards Kolar. It is said that the driver of the
said car drove the same in rash and negligent manner and hit
against the Moped bearing No.KA-07-U-6747 and other vehicles
near Banamakanahalli Gate. Due to the impact, the claimant
NC: 2024:KHC:9236
sustained grievous injuries to left hand, thumb and all over the
body. Immediately, he was taken to MVJM and RH Hospital,
Hoskote and then, he was shifted to Sri Venkateshwar Nursing
Home, Srinivaspur for further treatment. Contending that the
accident occurred due to the rash and negligent driving of the
car, the claimant filed claim petition seeking compensation.
In response to the notice, the respondents appeared
through their counsel and filed separate written statement 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:13.07.2015 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 respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
NC: 2024:KHC:9236
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 Tribunal extenso referred to the material
evidence on record, particularly, the Wound Certificate (Ex.P.5)
and concluded that the claimant has suffered simple injury.
Furthermore, Ex.P.7 Discharge Card depicts that the claimant
appears to have admitted to the hospital on the 11th day of
February 2014 and discharged on the 15th day of February
2014, however the accident is occurred on the 9th day of
February 2014. Therefore, in my view, the Tribunal taking note
of the material evidence on record has rightly awarded global
compensation of Rs.10,000/- (Rupees Ten Thousand only) with
interest at the rate of 9% per annum from the date of petition
till the date of payment.
For the reasons stated above, the appeal is devoid of
merits and it is liable to be rejected.
NC: 2024:KHC:9236
8. Resultantly, the Miscellaneous First Appeal is
rejected.
Sd/-
JUDGE
TKN
