Karnataka High Court
Sri. Siddaraju vs District Project Co Ordinator on 23 October, 2024
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NC: 2024:KHC:42745
MFA No. 2985 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.2985 OF 2022(MV-I)
BETWEEN:
SRI. SIDDARAJU,
S/O. SIDDAIAH,
AGED ABOUT 50 YEARS,
R/AT ASHOKA NAGARA,
MALAVALLI TOWN, MANDYA DISTRICT.
...APPELLANT
(BY SRI. THIPPESWAMY B. C.,ADVOCATE)
AND:
1. DISTRICT PROJECT CO - ORDINATOR,
DISTRICT PRIMARY EDUCATION
PROGRAMME, (D.P. EP.),
MANDYA DISTRICT, MANDYA.
(OWNER OF TATA SUMO BEARING
Digitally signed by NO. KA-11-G-0108)
AASEEFA PARVEEN
Location: HIGH 2. THE MANAGER
COURT OF
KARNATAKA KARNATAKA GOVERNMENT,
INSURANCE DEPARTMENT,
MANDYA.
(POLICY NO. 100549 VALID
FROM 27-09-2017 TO 26-09-2018)
...RESPONDENTS
(V/O. DATED 04.09.2024, NOTICE TO R1 DISPENSED WITH;
R2- SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.08.2019 PASSED IN
-2-
NC: 2024:KHC:42745
MFA No. 2985 of 2022
MVC NO.522/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Thippeswamy B.C., learned counsel for
appellant. Despite service of notice, none appears for
respondents.
2. The claimant in MVC No.522/2018 that stood
pending before Motor Accidents Claims Tribunal, Malavalli and
was disposed of on 14.08.2019 is before this Court seeking
enhancement of compensation. On the ground that he
sustained injuries in a road traffic accident, the appellant filed a
petition claiming compensation of Rs.25,00,000/-. The Tribunal
through the impugned order awarded a sum of Rs.3,93,800/-
as compensation.
3. Arguing on merits of the matter, Sri.Thippeswamy
B.C., learned counsel for the appellant contend that the
appellant sustained grievous injury during the course of
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accident and he underwent a surgery. Learned counsel states
that by examining PW2, the appellant established the aspect of
disability also. However, the Tribunal awarded a meager sum as
compensation under all heads and therefore, the present
appeal is filed seeking enhancement of compensation.
4. The Tribunal through the impugned order awarded a
sum of Rs.3,93,800/- as compensation divided under the
following heads:
Sl. Heads of compensation Amount
No Rs.
1 Pain and suffering 90,000-00
2 Attendant charges,
nutrition and conveyance 20,000-00
expenses
3 Loss of future income due
1,68,480-00
to disability
4 Loss of income during laid
18,000-00
up period
5 Medical expenses 42,265-00
6 Loss of future amenities 25,000-00
7 Future medical expenses 30,000-00
Total 3,93,745-00
Rounded to 3,93,800-00
5. By the submission of learned counsel for appellant
itself it is clear that the appellant sustained only one grievous
injury. As per the contents of Ex.P4 wound certificate, the
appellant sustained grievous injury to the right leg. Considering
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the nature of injury sustained and the treatment taken, the
Tribunal awarded compensation under seven different heads as
indicated above. The compensation that is awarded in total i.e.
Rs.3,93,800/- is highly justifiable. This Court does not find any
grounds, more so convincing grounds to interfere with the
finding given by the Tribunal with regard to each and every
aspect of the case. This Court equally does not find any merits
in the appeal filed seeking enhancement of compensation.
Therefore, the appeal is dismissed without costs.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
