Karnataka High Court
Sri Sanjeevappa S/O Nagappa Dasar vs Prakash S/O Maruteppa Hattimattur on 9 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:348
MFA No. 100717 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100717 OF 2024 (MV-I)
BETWEEN:
SRI SANJEEVAPPA S/O. NAGAPPA DASAR,
AGE. 29 YEARS, OCC. AGRICULTURE AND MILK VENDING,
R/O. KONANATAMBAGI VILLAGE, HAVERI,
NOW RESIDING AT HAMSABHAVI VILLAGE,
TQ. HIREKERUR, DIST. HAVERI-581111.
...APPELLANT
(BY SRI CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
1. PRAKASH S/O. MARUTEPPA HATTIMATTUR,
AGE. MAJOR, OCC. BUSINESS,
R/O. HALEPETE ONI, BYADAGI,
TQ. BYADGI, DIST. HAVERI-581106.
(OWNER OF MAHINDRA MAXI CAB
REG. NO.KA-19/6822)
2. THE LEGAL CLAIMS MANAGER,
SRIRAM GENERAL INSURANCE CO. LTD.,
Digitally signed by
MALLIKARJUN 1ST FLOOR, V A KALBURGI HALLMARK,
RUDRAYYA KALMATH
BEHIND INDUS IND BANK, DESAI CROSS,
Location: HIGH
COURT OF HUBBALLI-580029.
KARNATAKA
...RESPONDENTS
(BY SRI N.C. KOLLOORI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION
173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 16.05.2023 PASSED IN MVC NO.912/2019 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, HIREKERUR.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2025:KHC-D:348
MFA No. 100717 of 2024
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 by the claimant challenging the
judgment and award dated 16.05.2023, passed by the Senior
Civil Judge and MACT, Hirekerur, in MVC No.912/2019
(hereinafter referred to as the 'Tribunal'), seeking enhancement
of compensation.
3. Heard the arguments and perused the material
placed before the Court.
4. The occurrence of accident, injuries sustained by
the claimant, coverage of insurance are not in dispute in this
case.
5. In the present case, from the medical evidence on
record it is proved that the claimant had suffered the following
injury.
NC: 2025:KHC-D:348
"Fracture of Femur Bone Middle 3rd of Left Leg."
6. The Tribunal after considering the facts and
circumstances and evidence on record, has awarded total
compensation of Rs.4,59,045/- along with interest at the rate
of 7% per annum from the date of petition till the date of
realization, under the following heads:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future earning capacity. 3,33,902
2. Pain and sufferings. 20,000
3. Loss of amenities. 20,000
4. Medical expenses. 75,143
5. Food Nourishment & Attendant 5,000
charges.
6. Loss of income during laid up period 5,000
(from 11-11-2018 to 19-11-2018).
Total: 4,59,045
7. The claimant is working as an agriculturist and milk
vendor and earning Rs.20,000/- per month as on the date of
accident. Considering the fact that the claimant was inpatient
for a period of 9 days in the hospital, the compensation
awarded by the Tribunal under the aforesaid heads is on lower
side.
8. Upon considering the injuries sustained and amount
of compensation awarded by the Tribunal on aforesaid heads,
NC: 2025:KHC-D:348
which are on the lower side, the claimant is entitled to
enhanced compensation on the correct parameters.
9. 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.30,000/-.
10. The compensation awarded under the heads of
'Medical Expenses and loss of future earning or towards
disability' is as per the medical bills and records produced by
the claimant and the same is kept intact.
11. Considering the fact that the claimant was inpatient
for a period of 9 days in the hospital, the compensation
awarded by the Tribunal under the head 'incidental expenses'
like attendant charges, food, nourishment of Rs.5,000/-. The
same is enhanced to Rs.15,000/-.
12. The compensation of Rs.20,000/- awarded by the
Tribunal under the head 'Loss of Amenities' is on the lesser
side. It is just and proper to award a sum of Rs.30,000/- under
the said head.
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13. The compensation of Rs.5,000/- awarded by the
Tribunal under the head 'Loss of income during laid up period'
is on the lesser side. It is just and proper to award a sum of
Rs.35,250/- under the said head.
14. Thus, the claimant is entitled for total compensation
under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of future earning capacity. 3,33,902
2. Pain and sufferings. 30,000
3. Loss of amenities. 30,000
4. Medical expenses. 75,143
5. Food Nourishment & Attendant 15,000
charges.
6. Loss of income during laid up period 35,250
(from 11-11-2018 to 19-11-2018).
Total: 5,19,295
15. The Tribunal has awarded the compensation of
Rs.4,59,045/-, but the appellant/claimant is entitled to total
compensation of Rs.5,19,295/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.60,250/- (Rs.5,19,295/- - Rs.4,59,045/-) along with
interest @ 6% p.a., from the date of petition till its realization,
in addition to what has been awarded by the Tribunal.
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16. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 16.05.2023,
passed by the Senior Civil Judge and MACT,
Hirekerur, in MVC No.912/2019 is hereby
modified holding that the claimant is entitled for
enhanced compensation of Rs.60,250/- 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.
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vi. The other observations and findings of the
Tribunal are kept in tact.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP
