Mr Harish vs Sri Ayyanna Gowda
2024 Latest Caselaw 25332 Kant

Citation : 2024 Latest Caselaw 25332 Kant
Judgement Date : 24 October, 2024

Karnataka High Court

Mr Harish vs Sri Ayyanna Gowda on 24 October, 2024

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                                                               NC: 2024:KHC:42935
                                                          MFA No. 3937 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                               BEFORE
                           THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 3937 OF 2022 (MV-I)
                      BETWEEN:

                            MR. HARISH,
                            AGED ABOUT 20 YEARS,
                            R/O JYOTHI NIVASA, JANSALE,
                            SIDDAPURA VILLAGE AND POST,
                            KUNDAPURA TALUK, UDUPI DISTRICT,
                            UDUPI - 576 101.
                                                                     ...APPELLANT
                      (BY SRI. S.M. ANFAL, ADVOCATE FOR
                           SRI. K. PRASANNA SHETTY, ADVOCATE)

                      AND:

                      1.    SRI. AYYANNA GOWDA,
                            AGED ABOUT 54 YEARS,
Digitally signed by         S/O LATE SHIVANNA GOWDA PATEL,
AASEEFA PARVEEN             BADAMI TALUK, BAGALKOTE DISTRICT,
Location: HIGH
COURT OF                    BAGALKOTE - 587 101.
KARNATAKA
                      2.    THE NATIONAL INSURANCE CO. LTD.,
                            DIVISIONAL OFFICE, UDUPI,
                            BY ITS DIVISIONAL MANAGER,
                            UDUPI - 576 101.
                                                                  ...RESPONDENTS
                      (BY SRI. H.C. BETSUR, ADVOCTE FOR R2;
                          VIDE ORDER DATED 14.08.2022, NOTICE TO R1 IS
                          DISPENSED WITH)
                           THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
                      JUDGMENT AND AWARD DATED 20.02.2021         PASSED IN MVC
                                -2-
                                            NC: 2024:KHC:42935
                                        MFA No. 3937 of 2022




NO. 887/2018      ON THE FILE OF THE ADDITIONAL DISTRICT
JUDGE    AND     ADDITIONAL    MACT,    UDUPI   (SITTING    AT
KUNDAPURA), KUNDAPURA,          PARTLY 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 DR. JUSTICE CHILLAKUR SUMALATHA


                      ORAL JUDGMENT

Heard Sri.S.M.Anfal learned counsel who represents

Sri.K.Prasanna Shetty learned counsel on record for the

appellant. Also heard Sri.H.C.Betsur learned counsel for

respondent No.2.

2. The claimant in M.V.C. No.887/2018 which stood

pending before the Motor Accidents Claims Tribunal, Udupi

and was disposed of through order dated 20.02.2021 is

before this Court seeking enhancement of compensation.

3. As against the claim for Rs.10,55,000/- in total,

the tribunal awarded a sum of Rs.1,53,250/- as

compensation.

NC: 2024:KHC:42935

4. Sri.S.M.Anfal representing the appellant submits

that the appellant sustained grievous injury in a road

traffic accident. He took extensive treatment. As per the

evidence of PW-2 there is 14% disability in respect of left

upper limb but without considering these aspects the

tribunal awarded meager sum as compensation and

therefore an appeal is filed. Learned counsel ultimately

seeks for enhancement of compensation.

5. The submission that is made by Sri.H.C.Betsur

learned counsel for respondent No.2 on the other hand is

that the appellant sustained only one grievous injury. The

tribunal awarded huge sum of Rs.50,000/- under the head

pain and suffering. Learned counsel also states that the

compensation awarded under all other heads is also

justifiable.

6. It is not in dispute that the appellant sustained

fracture of clavicle right with brachial plexus injury apart

from 3 other simple injuries. It is clearly brought on record

that for the said grievous injury the appellant was treated

conservatively.

NC: 2024:KHC:42935

7. The tribunal through the impugned order awarded

a sum of Rs.50,000/- in total for the partial permanent

physical disability and loss of amenities in life. The tribunal

also awarded a sum of Rs.16,236/- as compensation

towards medical and hospital expenses, Rs.50,000/- under

the head pain and suffering, Rs.20,000/- under the head

loss of income during treatment period and rest,

Rs.5,000/- towards attendant charges, Rs.10,000/-

towards food, diet and nourishment charges and

Rs.2,000/- towards conveyance charges. The amount thus

awarded by the tribunal is neither exorbitant nor

unreasonable.

8. However, having considered the fact that the

appellant sustained one grievous injury and 3 simple

injuries, this Court is of the view that the appellant would

have taken bed rest atleast for a period of two months.

Also the tribunal did not award any amount separately

under the heads loss of future earnings on account of

permanent physical disability and loss of amenities in life.

Though the permanent physical disability, even as per the

NC: 2024:KHC:42935

evidence of PW-2 is negligible, however it cannot be held

that the appellant would be in a position to attend his

normal activities in future without any inconvenience.

Having considered all these aspects this Court is of the

view that globally the compensation is required to be

enhanced by Rs.30,000/-. Thus, in the light of the

foregoing discussion the following:-

ORDER

i. The appeal is allowed in part.

ii. The compensation that is awarded by the Motor

Accidents Claims Tribunal, Udupi through orders in

M.V.C. No.887/2018 dated 20.02.2021 is enhanced

by Rs.30,000/-.