Karnataka High Court
Chandrashekara Shetty vs Dayananda Shetty on 9 September, 2024
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NC: 2024:KHC:36591
MFA No. 6852 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.6852 OF 2021(MV-I)
BETWEEN:
CHANDRASHEKARA SHETTY,
AGED ABOUT 52 YEARS,
S/O. LATE MONAPPA SHETTY,
R/O, ANGADI MANE, YALUR
HAKLADY, VILLAGE AND POST
KUNDAPURA TALUK
UDUPI DISTRICT.
NOW RESIDING AT JAMBETTU
MUDDUMANE, 33 SHIROOR
MANDARTHI VILLAGE AND POST,
UDUPI TALUK AND DISTRICT,
PIN-576 201
...APPELLANT
Digitally signed by
(BY SRI. MALLIKARJUNA N. S.,ADVOCATE)
AASEEFA PARVEEN
Location: HIGH AND:
COURT OF
KARNATAKA
1. DAYANANDA SHETTY
AGED ABOUT 50 YEARS,
S/O ANANDA SHETTY
R/O ANGADI MANE, YALUR
HAKLADY VILLLAGE,
KUNDAPURA TALUK
UDUPI DISTRICT.
2. SHRIKARA SHETTY
AGED ABOUT 27 YEARS,
S/O. ANANDA SHETTY
-2-
NC: 2024:KHC:36591
MFA No. 6852 of 2021
R/O PADUMANE, KEMBAILU
NADA VILLAGE AND POST
KUNDAPURA TALUK,
UDUPI DISTRICT
PIN-576201.
3. BHARATHI AXA, GENERAL INSURANCE
CO. LTD., HESTO CENTER, 1ST FLOOR
No. 43, MILLERS ROAD,
OPP. IMPERIAL HOTEL,
VASANTH NAGAR,
BENGALURU-560052.
REP. BY ITS DIVISIONAL MANAGER.
...RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R3;
R2- SERVED;
NOTICE TO R1 - DISPENSED WITH,
V/O. DATED 19.07.2024)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.05.2021 PASSED IN
MVC NO.76/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT 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
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NC: 2024:KHC:36591
MFA No. 6852 of 2021
ORAL JUDGMENT
Heard Sri.Mallikarjuna N.S., learned counsel for the
appellant as well as Sri.B.C.Shivanne Gowda, learned counsel
who represents respondent No.3 - insurance company.
2. Dissatisfied with the amount that is awarded as
compensation, the claimant is before this Court challenging the
order that is rendered by the Additional Motor Accidents Claims
Tribunal, Kundapura, in MVC No.76/2019 dated 31.05.2021.
3. While Sri.Mallikarjuna N.S. arguing the matter
contends that the amount awarded as compensation is grossly
low, Sri.B.C.Shivanne Gowda, learned counsel for respondent
No.3 submits that the amount awarded as compensation under
all heads is excessive.
4. It is not in dispute that the appellant sustained a
lacerated wound over chin which is simple in nature and
comminuted fracture of left proximal tibia and fibula, which is
grievous in nature. Subjecting the evidence of PWs.1 and 2,
Exs.P4 to P99 to scrutiny, the Tribunal awarded a sum of
Rs.4,56,230/- as compensation divided under following heads:
NC: 2024:KHC:36591
Sl. Amount
Heads of compensation
No Rs.
1 Loss of future income due
2,17,800-00
to disability
2 Towards pain and suffering 40,000-00
3 Towards medical expenses 1,08,430-00
4 Loss of income during laid
50,000-00
up period
5 Towards loss of amenities 20,000-00
6 Towards conveyance, diet
20,000-00
and attendants charges
Total 4,56,230-00
5. During the course of arguments Sri.Mallikarjuna
N.S. as well as Sri.B.C.Shivanne Gowda mooted a proposal of
awarding certain sum as global compensation in addition to the
amount that is awarded by the Tribunal. Having considered the
nature of injuries sustained, treatment taken and the amount
that is awarded as compensation by the Tribunal, this Court is
of the view that a sum of Rs.30,000/- globally is required to be
enhanced, so that the compensation appellant gets would be
justifiable. Therefore, the appeal is disposed of with the
following
NC: 2024:KHC:36591
ORDER
i) The appeal is allowed in part.
ii) The compensation that is awarded by the
Additional Motor Accidents Claims Tribunal,
Kundapura, through orders in MVC No.76/2019
dated 31.05.2021 is enhanced by Rs.30,000/-
iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of petition
till the date of deposit.
iv) The third respondent is directed to deposit the
enhanced sum within a period of eight weeks
from the date of receipt of copy of this order.
v) On such deposit the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
