Karnataka High Court
Smt. R. Kalavati W/O M. .Raja vs Yallappa S/O Pralhadappa Elger on 5 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4294-DB
MFA No. 101756 of 2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 05TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE C.M.POONACHA
MISCELLANEOUS FIRST APPEAL NO.101756 OF 2017 (MV-I)
BETWEEN:
SMT. R. KALAVATI W/O. M. RAJA,
AGE: 47 YEARS,
OCC: HOUSEHOLD WORK CUM TAILORING,
R/O: J. NITYANANDAN M. JAYARAM QUARTERS,
ARVINDNAGAR, HUBBALLI,
DIST: DHARWAD-580024.
...APPELLANT
(BY SMT. SUNITHA P. KALASOOR, ADVOCATE.)
AND:
1. YALLAPPA S/O. PRALHADAPPA ELGER,
AGE: MAJOR, OCC: BUSINESS,
R/O: PLOT NO.12, KALYAN NAGAR,
Digitally signed LINGARAJNAGAR, BEHIND RAMBAPURI,
by V N
BADIGER KALYAN MANTAP, HUBBALLI,
Location: HIGH DIST: DHARWAD-580031.
COURT OF
KARNATAKA 2. THE MANAGER,
IFCO TOKIYO GENERAL INSURANCE COMPANY LTD.,
BRANCH OFFICE, DAJIBANPET, HUBBALLI,
DIST: DHARWAD-580028.
...RESPONDENTS
(BY SRI M.Y. KATAGI, ADVOCATE FOR R2;
R1-SERVICE OF NOTICE DISPENSED WITH.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD PASSED BY THE II ADDITIONAL
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NC: 2025:KHC-D:4294-DB
MFA No. 101756 of 2017
SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., HUBBALLI DATED
23.11.2016 IN M.V.C.NO.653/2014 AND AWARD THE
COMPENSATION AS PREYED FOR IN THE CLAIM PETITION, BY
ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present appeal is filed by the claimant challenging
the judgment and award dated 23.11.2016, passed in MVC
No.653/2014, by the Court of II Additional Senior Civil Judge
and Additional MACT, Hubballi1, seeking enhancement of
compensation.
2. The parties will be referred to as per their ranking
before the Tribunal, for the sake of convenience.
3. The factual matrix in brief leading to the present
appeal is that on 11.12.2023 when the claimant was
travelling in a Tavera vehicle bearing registration
No.KA-22/N-5481 from Hubballi to Goa, a lorry bearing
registration No.KA-25/C-9659 being driven by its driver in a
Hereinafter referred to as 'the Tribunal'
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rash and negligent manner, hit the vehicle in which the
claimant was travelling causing the accident in question,
wherein the claimant sustained grievous injuries. Claiming
compensation for the injuries sustained in the accident, the
claimant filed claim petition against the owner and insurer of
the lorry who are respondents No.1 and 2 before the
tribunal.
4. The owner of the vehicle remained exparte before
the Tribunal. The claim proceedings were contested by the
2nd respondent insurer.
5. The claimant examined himself as PW.1. Ex.P.1 to
P.10 were marked. The policy of the insurance was marked
as Ex.R.1. The tribunal by its judgment and award dated
23.11.2016, awarded a total compensation of ₹20,000/-
together with interest at 6% p.a. Being aggrieved, the
claimant has filed the present appeal seeking for
enhancement of compensation awarded.
6. Heard the submissions of learned counsel
Smt.Sunitha P. Kalasoor, for the appellant/claimant and
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learned counsel Sri M.Y.Katagi, for the 2nd respondent
insurer.
7. The finding of the Tribunal with regard to liability
and negligence is not under challenge and the same has
attained finality. Hence the only aspect that is considered in
the present appeal is that the quantum of compensation to
be awarded.
8. Learned counsel for the appellant/claimant
submits that the claimant has sustained grievous injuries to
the face and eye and she was doing tailoring work and that
the Tribunal has not awarded compensation on various
separate heads and erred in awarding global compensation.
It is further contended that the claimant having been treated
as an inpatient and the injuries sustained by the claimant
forthcoming from the material on record, the quantum of
compensation is required to be enhanced.
9. Per contra, learned counsel for the 2nd respondent
insurer justifying the quantum of compensation awarded by
the Tribunal submits that no documents have been produced
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by the claimant to show the medical expenses incurred and
the doctor has also not been examined. Hence, it is
contended that the compensation awarded by the Tribunal is
just and proper.
10. The submissions of the learned counsel have been
considered and the material on record including the records
of the Tribunal have been perused.
11. It is forthcoming from the wound certificate
(Ex.P.4), discharge summary (Ex.P.7) as well as the medical
reports (Ex.P.9 and P.10) that the claimant has sustained
injury to the right eye, fracture to the anterior and medial
walls of right maxillary sinus, fracture of both the nasal
bones. The claimant was admitted as an inpatient on
11.12.2013 and discharged on 14.12.2013 and underwent
right eye exploration surgery on 12.12.2013.
12. The Tribunal considering the said aspect of the
matter awarded ₹10,000/- towards hospital charges,
₹5,000/- towards grievous injuries and ₹2,500/- each for
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two simple injuries. Hence, awarded a total compensation of
₹20,000/-.
13. It is relevant to note that the claimant has not
produced the medical bills demonstrating the expenses
incurred in the medical treatment. Further, the claimant has
not examined doctor with regard to any disability incurred by
her. Although in the claim petition the claimant has averred
that she was doing tailoring work, no documentary evidence
is produced in that regard.
14. However, it is relevant to note that the claimant
has sustained injury to the right eye and had to undergo
surgery to right eye for removal of glass pieces, as also has
sustained fractures of both the nasal bones as well as other
injuries on the face. The claimant was also treated as an
inpatient and sufficient time would have been taken to
recover from the injuries. Having regard to the totality of the
facts and circumstances of the case, it is just and proper that
a further compensation of ₹80,000/- be awarded in addition
to the compensation awarded by the tribunal.
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15. In view of the aforementioned, the following:
ORDER
i) The appeal is partly allowed.
ii) The judgment and award dated 23.11.2016,
passed in MVC No.653/2014, by the Court of II Additional
Senior Civil Judge and Additional MACT, Hubballi, is modified
to the extent of holding that the claimant is entitled to a
further compensation of ₹80,000/- together with interest @
6% p.a. in addition to the compensation awarded by the
Tribunal.
iii) The judgment and award of the Tribunal in all
other respects is remain unlatered.
iv) The 2nd respondent insurance company shall
deposit the compensation within four weeks from the date of
receipt of a copy of this judgment.
v) Modified award to be drawn accordingly.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
MRK / CT: UMD.
