Muddegowda vs Arjun Nikkam
2024 Latest Caselaw 27849 Kant

Karnataka High Court

Muddegowda vs Arjun Nikkam on 20 November, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                                 -1-
                                                          NC: 2024:KHC:47098
                                                        MFA No. 7447 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                        MISCELLANEOUS FIRST APPEAL NO. 7447 OF 2018
                                            (MV-I)
                   BETWEEN:

                   1.    MUDDEGOWDA
                         S/O DODDEGOWDA
                         AGED ABOUT 39 YEARS,
                         KORVANGALA VILLAGE,
                         DUDDA HOBLI,
                         HASSAN TALUK - 573201
                                                                ...APPELLANT
                   (BY SRI. JAGADEESH H T., ADVOCATE)

                   AND:

                   1.    ARJUN NIKKAM
                         S/O THUKARAM,
                         BIJAPURA.

Digitally signed   2.  THE MANAGER
by KIRAN
KUMAR R                HDFC ERGO GENERAL INSURANCE CO, LTD
Location: HIGH         MUMBAI REPRESENTED BY
COURT OF
KARNATAKA              HDFC ERGO GENERAL INSURANCE CO LTD
                       HASSAN - 573201
                                                            ...RESPONDENTS
                   (BY SRI. D.VIJAYAKUMAR., ADVOCATE FOR R-2;
                       VIDE ORDER DATED 24.07.2024, NOTICE TO R-1 IS
                       DISPENSED WITH)

                        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                   AGAINST THE JUDGMENT AND AWARD DATED: 09/06/2017,
                   PASSED IN MVC NO.192/2013, ON THE FILE OF THE PRINCIPAL
                   DISTRICT JUDGE & MEMBER, MACT-I, HASSAN, PARTLY
                                   -2-
                                             NC: 2024:KHC:47098
                                         MFA No. 7447 of 2018




ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE N S SANJAY GOWDA

                      ORAL JUDGMENT

1. The claimant is in appeal being dissatisfied with the award

of Rs.68,000/- to the injuries suffered by him.

2. The occurrence of the accident and the liability of the

insurer to satisfy the compensation are not in dispute.

3. The Tribunal has noticed that as per Ex.P4 - wound

certification, the claimant had suffered dislocation of right

elbow, fracture of radium right, dislocation of right wrist,

contusion injury with fracture of left 8th rib, tenderness in

TL spine and abrasion on the on the buttocks, and it has

accordingly awarded Rs.30,000/- towards injuries, pain

and sufferings, Rs.20,000/- towards medical expenses

and Rs.18,000/- towards loss of earnings during the

period of hospitalization.

NC: 2024:KHC:47098

4. In my view, having regard to the nature of the injuries

suffered, it would be appropriate to award Rs.50,000/- as

against Rs.30,000/- towards injuries, pain and sufferings.

5. In all other respects, the award of the Tribunal shall stand

confirmed.

6. Accordingly, the claimant would be entitled to

Rs.88,000/- as against Rs.68,000/- as compensation

along with interest at 6% p.a. from the date of petition till

its realization.

7. The insurer is directed to deposit the amount of

compensation within a period of two months from the

date of receipt of a copy of the judgment.

8. On such deposit being made, the claimant would be

entitled to withdraw the same.

9. The appeal is accordingly allowed in part.

Sd/-

(N S SANJAY GOWDA) JUDGE