Dhanashekar S/O. Sanna Ramaswamy vs Suresh S/O. Halappa
2025 Latest Caselaw 2019 Kant

Karnataka High Court

Dhanashekar S/O. Sanna Ramaswamy vs Suresh S/O. Halappa on 7 January, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                                  NC: 2025:KHC-D:115
                                                             MFA No. 101283 of 2021




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 7TH DAY OF JANUARY, 2025
                                                 BEFORE
                           THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS FIRST APPEAL NO.101283 OF 2021 (MV-I)
                      BETWEEN:
                      SRI DHANASHEKAR
                      S/O. SANNA RAMASWAMY,
                      AGE. 43 YEARS, OCC. JUNIOR ENGINEER,
                      KPCL, MUNIRABAD R/O. 2ND CROSS,
                      NEAR VIJAYANAGARA COLLEGE,
                      BASAVESHWARA BADAVANE,
                      HOSAPETE, DIST.BALALRI-583201.
                                                                          ...APPELLANT
                      (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)

                      AND:
                      1.   SRI SURESH S/O. HALAPPA,
                           AGE. 32 YEARS, OCC. OWNER CUM
                           DRIVER OF CRUISER KA-29/A-5988,
                           R/O. HITNAL VILLAGE,
                           TQ. DIST. KOPPAL-583231.
                      2.   SRI PRAKASH S/O. VIRUPAKSHGOUDA,
                           AGE. 37 YEARS, OCC. DRIVER LORRY KA-54/2139,
                           R/O. TARIWAL, TQ. HUNAGUND,
Digitally signed by        DIST. BAGALKOT.
MALLIKARJUN
RUDRAYYA KALMATH
Location: HIGH        3.   SRI MOHAMMEDWALI S/O. MADARALI,
COURT OF
KARNATAKA                  AGE. 49 YEARS, OCC. JEERPETH,
                           AT POST. ILKAL, TQ. HUNAGUND,
                           DIST. BAGALKOT-587125.
                      4.   THE MANAGER,
                           SRI RAM GENERAL INSURANCE CO.,
                           INSURER OF VEHICLE LORRY
                           BEARING KA-54/2139 AT BAGALKOT
                           AND INSURERS OF CRUISER VEHICLE
                           KA-29-A-5988 NO.E/8, RIICO INDUSTRIAL AREA,
                           SEETHAPUR, JAIPUR, RAJASTHAN STATE
                           PIN CODE-302022.
                                                                     ...RESPONDENTS
                      (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R4;
                                -2-
                                               NC: 2025:KHC-D:115
                                       MFA No. 101283 of 2021




   NOTICE TO R1 TO R3 ARE DISPENSED WITH
   V/O DATED 07.01.2025)

      THIS    MISCELLANEOUS   FIRST   APPEAL    IS   FILED   UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 03.03.2021 PASSED IN MVC
NO.815/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND JMFC- CUM - MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-
IV, HOSAPETE AND ETC.,


      THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:



CORAM:       THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR


                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

Though this appeal is listed for orders, with the consent

of learned counsel for the parties, it is taken up for final

disposal.

2. This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for

brevity) by the claimant/injured seeking enhancement of

compensation being aggrieved by the judgment and award

dated 03.03.2021 passed in MVC No.815/2017 on the file of

NC: 2025:KHC-D:115

Principal Senior Civil Judge - Cum MACT No.IV, Hosapete (for

short, 'Tribunal').

3. The brief facts of the case are that on 06.09.2015,

at about 6.00 P.M., the appellant/claimant along with his

colleagues was proceeding from Davanagere to Hospet in a

Cruiser (Toofan) vehicle bearing registration No.KA-25/A-5988

(hereinafter referred to as offending vehicle), which is leased to

KPCL for travel services. At that time, the said vehicle came

near New Ananda Devanahalli on H.B.Halli-Hospet Road,

respondent No.1 being driver of the said vehicle drove it in a

rash and negligent manner and as a result of it collided with a

opposite side lorry bearing registration No.KA-54/2139. Due to

the said accident, the appellant/claimant, other inmates and

driver of the vehicle sustained grievous injuries. Therefore, the

claimant has filed the claim petition, seeking compensation.

4. Heard the arguments of learned counsel for the

parties and perused the records.

5. The occurrence of accident, injuries sustained by

the claimant, coverage of insurance are not in dispute in this

case.

NC: 2025:KHC-D:115

6. In the present case, from the medical evidence on

record, it is proved that the claimant had suffered the following

injuries.

"Incised wound over frontal region of head measuring 15x1 cm, Blunt trauma cervical vertebral region, fracture of right lateral wall maxillary sinus and fracture of left clavicle middle 1/3rd"

7. The Tribunal after considering the facts and

circumstances and evidence on record, has awarded total

compensation of Rs.92,311/- along with interest at the rate of

6% per annum from the date of petition till the date of

realization, under the following heads:

SL.NO. PARTICULARS AMOUNT (IN.RS.)

1. Towards loss of future earning Nil

2. Towards nourishment and attendant 10,000/-

charges

3. Towards pain and suffering 20,000/-

4. Towards loss of future happiness 20,000/-

and prosperity

5. Towards medical expenses 22,311/-

6. Towards travelling expenses 20,000/-

Total Compensation 92,311/-

8. The claimant is working as Junior Engineer in KPCL

in Government service. Therefore, he is not entitled for

compensation under the head loss of future income due to

disability as he has continued in the same job with the same

NC: 2025:KHC-D:115

salary and also his promotional avenues is not affected due to

the injuries sustained.

9. Upon considering the injuries sustained and amount

of compensation awarded by the Tribunal on other heads,

which are on the lower side, the claimant is entitled to

enhanced compensation on the correct parameters.

10. Considering the nature of injuries sustained, the

compensation of Rs.20,000/- awarded by the Tribunal under

the head 'pain and suffering' is on the lesser side. The same is

enhanced to Rs.40,000/-.

11. The compensation awarded under the head of

'Medical Expenses' is as per the medical bills produced by the

claimant and the same is kept intact.

12. The claimant has undergone surgery and for

removal of implant further amount is required. Therefore, the

claimant is entitled for compensation of Rs.50,000/- including

the incident charges like attendant charges, food, nourishment

and travelling expenses and also for future treatment.

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13. The Tribunal has not awarded any compensation

under the head 'Loss of Amenities'. It is just and proper to

award a sum of Rs.60,000/- under the said head.

14. The compensation awarded under the other heads

is just and proper. Hence, the same is kept intact.

15. Thus, the claimant is entitled for total compensation

under various heads as under:

SL.NO. PARTICULARS AMOUNT (IN.RS.)

1. Towards loss of future earning Nil

2. Towards nourishment and attendant 10,000 charges

3. Towards future medical expenses 50,000 and incidental charges i.e., food, nourishment, attendant charges, travelling expenses.

4. Towards pain and suffering 40,000

5. Towards loss of future happiness 20,000 and prosperity

6. Towards medical expenses 22,311

7. Loss of Amenities 60,000

8. Travelling expenses 20,000 Total Compensation 2,22,311

16. The Tribunal has awarded the compensation of

Rs.92,311/-, but the appellant/claimant is entitled to total

compensation of Rs.2,22,311/-. Therefore, the

appellant/claimant is entitled to enhanced compensation of

Rs.1,30,000/- (Rs.2,22,311/- - Rs.92,311/-) along with

NC: 2025:KHC-D:115

interest @ 6% p.a., from the date of petition till its realization,

in addition to what has been awarded by the Tribunal.

17. Accordingly, I proceed to pass the following:

ORDER

i. The appeal is allowed-in-part.

ii. The judgment and award passed by the Tribunal in MVC No.815/2017 dated 03.03.2021 by the Court of Principal Senior Civil Judge - Cum MACT No.IV, Hosapete, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.2,22,311/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal.

iii. The respondent/insurance company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

iv. On such deposit, the same shall be released in favour of the appellant.

v. Draw modified award accordingly.

NC: 2025:KHC-D:115

vi. The other observations and findings of the Tribunal are kept in tact.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE PMP