Karnataka High Court
Kumar Goudu S/O Mahadev Kolambi vs The Divisional Controller on 29 May, 2024
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NC: 2024:KHC-D:7152
MFA No. 103800 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 103800 OF 2019 (MV-I)
BETWEEN:
KUMAR GOUDU S/O. MAHADEV KOLAMBI,
AGE: 23 YEARS, OCC: MASON, (NOW NIL),
R/AT: GOLEHALI,POST. N.S. KOPPA,
TAL: HALIYAL, DIST: KARWAR (U.K.),
STATE: KARNATAKA.
...APPELLANT
(BY SRI. UMESH C. AINAPUR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NWKSRTC BESIDES BELAGAVI CITY
BUS STAND, BELAGAVI.
...RESPONDENT
Digitally signed (BY SRI. S. C. BHUTI, ADV. FOR RESPONDENT)
by MANJANNA E
Location: HIGH
COURT OF THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
KARNATAKA
AGAINST THE JUDGMENT AND AWARD DATED 27.08.2019 PASSED
IN MVC NO.2118/2018 ON THE FILE OF THE VI ADDITIONAL
DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:7152
MFA No. 103800 of 2019
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel, the matter is taken up for final
disposal.
2. This appeal is filed by the claimant seeking
enhancement of compensation awarded by the Tribunal.
3. For the sake of convenience, the parties are referred
to as they referred to in the claim petition.
4. Heard the learned counsel appearing for the
claimant and learned counsel for the respondent -
Insurance Company. Perused the judgment and award of
the Tribunal.
5. As there is no dispute with regard to the injuries
sustained by the claimant in the road traffic accident
occurred on 19.09.2018 at about 2.50 P.M., due to rash
and negligent riding of motorcycle bearing registration
No.KA-31-Q-3363, when he was proceeding in motorcycle
bearing registration No.KA-31-Q-3363, along with other
NC: 2024:KHC-D:7152
claimant in MVC No.2118/2018 as a pillion rider. The driver
of North Western Karnataka Road Transport Corporation
(for short, 'the Corporation') Bus bearing registration
No.KA-31-F-1208, came in a rash and negligent manner
and dashed against the motorcycle of claimant. Hence, the
claimant and other petitioner in MVC.No.2118/018 had
sustained injuries. Considering the oral and documentary
evidence on record, the Tribunal awarded compensation of
Rs.11,000/-. Aggrieved by the impugned order, the
claimant filed this appeal. As there is no dispute with
regard to accident, rash and negligent act of driver of bus,
injuries sustained by claimant and liability to pay
compensation. Hence, the only point that arise for Court
consideration in the appeal is:
"Whether the quantum of compensation
awarded by the Tribunal is just and reasonable or
does it call for any interference?"
6. After hearing the learned counsel appearing for the
parties and perusal of the judgment and award of the
NC: 2024:KHC-D:7152
Tribunal, I am of the view that the compensation awarded
by the Tribunal is not just and reasonable, it is on the lower
side and hence, it is required to be enhanced.
7. As per Ex.P.13 Wound Certificate, the claimant has
sustained following injuries i.e.
i. Grievous injuries to right and left knee
ii. Grievous injuries to right and left thigh
iii. Grievous injuries to abdomen and other
grievous injury to all over the body
8. The Tribunal considered these injuries as simple
injuries since, the doctor who examined claimant and the
doctor who issued certificate is not orthopedic Surgeon.
Further, there is no mention of X-ray report. Hence, the
Tribunal has rightly considered these injuries as simple
injuries.
9. Considering the wound certificate and oral evidence
of the claimant, the Tribunal has awarded compensation of
NC: 2024:KHC-D:7152
Rs.10,000/- towards 'pain and suffering' and Rs.1,000/-
towards 'food nourishment charges' which is not reasonable
one. Considering the nature of injuries, the Tribunal ought
to have granted an additional sum of Rs.4,000/- then it
would meet the ends of justice. Considering the nature of
injuries this Court awarded an additional sum of
Rs.10,000/- under the head of 'pain and suffering' as
additional compensation.
10. Thus the claimant is entitled for the following
compensation:
Pain and suffering 14,000/-
Food, nourishment and charges 1,000/-
Total Rs.15,000/-
Less: Compensation awarded by Tribunal Rs.11,000 /-
Balance Rs.4,000/-
11. Accordingly, I pass the following;
ORDER
i) Misc. first appeal is allowed in part.
ii) The judgment and award passed by the
Tribunal is modified to the extent stated
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hereinabove. The claimant is entitled for an
additional compensation of Rs.4,000/- with
interest at 6% per annum from the date of
claim petition till the date of realization.
iii) The Corporation is directed to deposit entire
compensation amount with interest at 6% per
annum within four weeks from the date of
receipt of copy of this judgment.
iv) On deposit of the entire amount, the
apportionment shall be made as per the order
of the Tribunal.
v) Draw modified decree accordingly.
vi) No order as to costs.
Sd/-
JUDGE
AC/ct-an
