IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 7^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR.JUSTICE P.N. DESAI

MISCELLANEOUS FIRST APPEAL NO.95 OF 2015 (MV)

BETWEEN

MEERA

W/O. SURESHA

AGE 31 YEARS, HOUSE WIFE

R/O. 1^ST CROSS, SIDDARAMAPPA

EXTENSION, HOLALKERE TOWN-577 526.

... APPELLANT

(BY SRI. SHASHIDHARA, ADVOCATE)

AND

1. MOHAMMED ZAHIRULLA

S/O. ADAM ALI, AGE 29 YEARS

OWNER OF VEHICLE BEARING

NO.KA-16/B-816, 2^ND CROSS

SIDDARAMAPPA EXTENSION,

HOLALKERE TOWN-577 526.

2. THE DIVISIONAL MANAGER

NATIONAL INSURANCE CO. LTD.,

OPP: BAPUJI AUDITORIUM

MCC B-BLOCK, DAVANAGERE - 577 001.

3. SHARABAIAH

S/O. SIDDANAGOWDA,

AGED ABOUT 37 YEARS

OWNER OF LORRY BEARING

NO.KA-34-A-4182,

R/O. GOGGARAHATTY,

HONNALI ROAD,

BELLARY TOWN-583 101.

... RESPONDENTS

(BY SRI. B.A. RAMAKRISHNA, ADV. FOR R2, R1 SERVED, R3

NOTICE DISPENSED WITH)

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THIS MFA FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED: 02.07.2014

PASSED IN MVC NO.162/2013 ON THE FILE OF THE SENIOR

CIVIL JUDGE & MACT, HOLALKERE, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR ADMISSION THROUGH

PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned counsel for the appellant and

also the learned counsel for the respondents. With the

consent of both the parties, at the stage of admission

itself, this matter is taken up for final disposal.

2.

This appeal arises out of the judgment and

award dated 02.07.2014, passed by the Senior Civil

Judge, MACT, Holalkere in MVC No.162/2013, wherein

the

Tribunal

has

awarded

a

compensation

of

Rs.90,000/- with interest at 8% per annum from the

date of petition till the date of realization. The appellant

has

filed

this

appeal

seeking

enhancement

of

compensation.

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3.

The brief facts of the case is that on

24.02.2012 at about 5.30 a.m., the petitioner was

traveling in Maxicab bearing registration No.KA-16-B-

816 from Holalkere to Bengaluru. When the said said

vehicle came in front of the Snesidri gate in Hiriyur

Taluk, the driver of the said Maxicab drove the vehicle in

a rash and negligent manner and dashed the lorry

bearing

registration

No.KA-34-A-4182,

which

was

standing at the place of the accident, due to the impact,

the petitioner/claimant sustained injury. She was

immediately shifted to the Government Hospital, Hiriyur

and then to Kasturba Medical Hospital, Manipal.

4.

Respondent No.1 is the owner of the vehicle

Maxicab. But they have not filed any written statement.

Respondent No.2 is the insurer of the vehicle appeared

and denied the incident. It is contended that the liability

is subject to terms and conditions of the policy.

5.

The petitioner got examined herself as PW1

and got examined one witness as PW2 and produced

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documents marked as Exs.P1 to P59, which consist of

FIR, wound certificate, police report, disability certificate,

medical bills. Respondents have not examined the

witness. On the other hand, insurance Company Policy

copy i.e., R2 was produced and marked as Ex.R1. After

hearing the arguments, the Tribunal passed the

impugned

judgment

and

award,

which

is

under

challenge.

6.

Learned

counsel

for

the

appellant

Sri. Shashidhara , argued that the Tribunal has erred in

appreciating the evidence on record. Though the

claimant was in-patient for 12 days. Only a sum of

Rs.20,000/- was awarded towards 'pain and suffering'.

No amount is awarded for 'loss of amenities'. Towards

nourishment and other charges, only a sum of

Rs.1,800/- is awarded. No amount is awarded under the

head 'loss of income during laid up period'. Though the

doctor has stated that 16% disability to the limb, the

Tribunal has awarded only a sum of Rs.8,000/- towards

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'disability', without disclosing or stating how Rs.8,000/-

is arrived.

7.

The Trib