Karnataka High Court
Sri Gangadharappa vs Sri Ashwathappa on 17 March, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC:11029
MFA No. 8227 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.8227 OF 2023 (MV-I)
BETWEEN:
SRI GANGADHARAPPA
S/O.LATE BUDIGAPPA
AGED ABOUT 55 YEARS
R/AT N.C.NAGAIAH REDDY BADAVANE
GOWRIBIDNUR TOWN & TALUK
CHIKKABALLAPUR DISTRICT-561 208
... APPELLANT
(BY SRI C.GANGARAJU, ADVOCATE)
AND:
SRI ASWATHAPPA
S/O.RAMAPPA
AGED ABOUT 53 YEARS
KATHAGENAHALLI VILLAGE
MANCHENALLI HOBLI
GOWRIBINDUR TALUK
CHIKKABALLAPUR DISTRICT-561 208
...RESPONDENT
(BY SRI RAJENDRA K.R., ADVOCATE)
Digitally signed
by THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
GAVRIBIDANUR
SUBRAMANYA
GUPTA SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
SREENATH
Location: HIGH PRAYING TO REMAND THE MATTER OR MODIFY/SET ASIDE THE
COURT OF
KARNATAKA JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC
NO.74/2019 BY THE SENIOR CIVIL JUDGE AND JMFC AND
ADDITIONAL MACT, GOWRIBIDANUR.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:11029
MFA No. 8227 of 2023
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 30.09.2022
passed in MVC.No.74/2019 by the Senior Civil Judge and
JMFC and Additional MACT, Gowribidanur (for short 'the
tribunal'). This appeal is founded on the premise of
inadequate and meager compensation awarded by the
tribunal.
2. Parties to the appeal shall be referred to as per
their status before the tribunal.
3. Brief facts of the case are as under:
On 27.04.2018, the claimant was walking along with
his relative Sri Mylarappa on the left side of the road on
Bengaluru-Hindupur State Highway. When they were
crossing the road near Pushpanjali Talkies, the rider of the
motor cycle bearing registration No.KA-40-H-9920 came
on the wrong side of the road and dashed against the
claimant.
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3.1 Due to the impact of the accident, the claimant
fell down and sustained injuries. He was immediately
shifted to the Government Hospital, Gowribidanur and
later to Victoria Hospital and thereafter, he took treatment
through alternative medicine.
3.2 Due to the injuries sustained in the accident, the
claimant filed a claim petition seeking compensation
against the respondent.
3.3 The respondent filed written statement denying
the claim of the claimant and sought for dismissal of the
claim petition.
3.4 On the basis of materials placed on record, the
tribunal awarded total compensation of Rs.35,000/- with
interest @ 6% per annum and directed the respondent to
pay the compensation within three months.
3.5 Being aggrieved by the inadequate compensation
awarded by the tribunal, the claimant is before this Court.
4. Learned counsel for appellant-claimant contends
that the tribunal has failed to take into consideration the
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notional income for awarding compensation and also has
failed to award reasonable compensation towards loss of
income during laid up period, pain and suffering and loss
of amenities. On these grounds, he seeks enhancement of
compensation.
5. Per contra, learned counsel for respondent
contends that a false case has been lodged against the
respondent; he was not at all involved in the accident; he
was made to plead guilty by the claimant before the Court
of criminal prosecution, based on which, the present claim
petition came to be allowed. It is further contended by
learned counsel for respondent that he is a daily wager
and agricultural coolie. He does not have necessary source
of income to pay the compensation as he is living hand to
mouth. Hence, he seeks dismissal of the appeal.
6. Having heard learned counsel for appellant and
learned counsel for respondent, a short point that arises
for consideration is -
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"Whether the appellant is entitled for
enhancement of compensation? If so, what
amount?"
7. The occurrence of accident, involvement of vehicle
and the injuries sustained by the claimant in the road
traffic accident, are proved and established by production
of Exs.P1 to P12. Hence, negligence is rightly attributed
against respondent. The age of the claimant as on the
date of occurrence of accident was 51 years. Admittedly,
there is no evidence adduced by the Doctor to show any
disability. Though the claimant pleads that injury No.4 is
grievous in nature, no materials are produced by the
appellant-claimant with regard to the medical certificate,
bills or receipts apart from production of the wound
certificate at Ex.P8. Considering all these aspects, the
tribunal awarded total compensation of Rs.35,000/- under
only two heads namely, Rs.25,000/- towards pain and
suffering and Rs.10,000/- towards loss of income during
laid-up period.
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8. Even if the case of the appellant is accepted that
since he had met with an accident and he was unable to
go to work, the loss of income during laid up period would
have to be enhanced. Therefore, this Court, taking into
consideration the notional income of Rs.12,500/- per
month, for a period of two months, Rs.25,000/- is
awarded under this head and the amount of Rs.10,000/-
already awarded under this head shall be compensated
towards loss of amenities.
9. The tribunal awarded Rs.25,000/- towards pain
and suffering, which does not call for interference and the
same is retained.
10. In view of the above, the claimant would be
entitled to total compensation of Rs.60,000/- as against
Rs.35,000/- awarded by the tribunal, as mentioned in the
table below:
Sl.No. Head of compensation Amount of compensation
awarded
1. Pain and suffering 25,000-00
2. Loss of income during laid 10,000-00
up period
3. Loss of amenities 10,000-00
TOTAL 60,000-00
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11. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The impugned judgment and award dated
30.09.2022 passed in MVC.No.74/2019 by the
Senior Civil Judge and JMFC and Additional
MACT, Gowribidanur, is modified;
iii) The appellant-claimant is entitled to total
compensation of Rs.60,000/- as against
Rs.35,000/- awarded by the tribunal along
with interest at 6% per annum;
iv) The respondent shall pay the balance amount
within a period of four weeks from the date of
receipt of a copy of this order;
v) The compensation amount shall be released in
favour of the appellant-claimant as per the
terms of the tribunal by electronic transfer to
the claimant upon furnishing the required
bank details/upon proper identification;
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vi) Registry is directed to transmit the original
records to the jurisdictional tribunal forthwith.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
LB
