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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 29^TH DAY OF MAY, 2018

BEFORE

THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

M.F.A. NO.101932/2015 (MV)

BETWEEN

IRAPPA S/O NAGAPPA MARAKATTI

AGE: 50 YEARS, OCC: MASON, NOW NIL, R/O: MARADI

NAGALAPUR, TQ: BAILHONGAL, DIST: BELAGAVI

... APPELLANT

(BY SRI. SANTOSH B. RAWOOT, ADV.)

AND

1.

SHIVANAND S/O SHIVALINGAPPA ANGADI

AGE: MAJOR, OCC: BUSINESS,

R/O: BENDIGERI, TQ & DIST: BELAGAVI

2.

THE DIVISIONAL MANAGER

NATIONAL INSURANCE CO. LTD., DIVISIONAL

OFFICER, RAMDEV GALLI, BELAGAVI

... RESPONDENTS

(BY SRI.M.Y.KATAGI, ADV. FOR R2,

NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE

MV ACT, AGAINST THE JUDGMENT AND AWARD DATED

19.03.2012 PASSED IN M.V.C. NO.2201/2010 ON THE FILE

OF THE PRESIDING OFFICER, FAST TRACK COURT – II

AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS

TRIBUNAL AT BELGAUM, PARTLY ALLOWING THE CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT FOR COMPENSATION.

THIS MFA COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

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JUDGMENT

Heard.

Though this matter is listed for consideration of

I.A. No.1/2015 for condonation of delay of 1114 in fling

this appeal, with consent of learned counsel for the

appellant and the learned counsel for the insurer the

same is heard on merits for final disposal.

2.

This appeal by the claimant is directed

against the judgment and award dated 19.03.2012 in

M.V.C. No.2201/2010.

3.

The claimant filed the instant claim petition

contending inter alia that he suffered following injures:

“1.

Abrasion 2x2 cm over posterior aspect

of left elbow.

2.

Tenderness over right hip joint.

3.

Tenderness over left elbow joint.

4.

The claimant produced medical bills for

Rs.3,623/-. The Doctor examined on behalf of the

claimant has deposed that the claimant suffered 15%

disability due to injury in the lumbar area. The Tribunal

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on consideration of the material on record has allowed

the medical expenses of Rs.3,500/- and awarded

Rs.25,000/- towards pain and sufferings; and in all

awarded Rs.63,740/-.

5.

Arguing in support of this appeal, learned

counsel for the appellant submitted that the quantum of

compensation awarded towards pain and suffering and

disability are in adequate.

6.

It is relevant to notice that the medical bills

submitted by the claimant accounted for Rs.3,623/-. In

the given circumstances, it leads to an inference that

the claimant did not take any treatment as an

‘inpatient’ and the injuries suffered were not serious.

The Tribunal has awarded Rs.3,500/- towards medical

expenses and in all awarded Rs.63,740/-.

7.

In order to justify the delay in filing, the

appellant has stated thus in the affidavit:

“2.

I state that I have filed claim

petition in MVC No.2201/2010 before the

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Addl. M.A.C.T. Belagavi and same was came

to be allowed in part. I further state that I

have filed this appeal challenging said award

in this appeal. I further state that there was

communication gap between me and my

advocate who was appearing in the trail

Court as I was fell ill due to the injuries

suffered in the accident as such I was unable

to contact my advocate after passing of the

award by the Addl. MACT, Belagavi and I

was staying in my wife’s home as such I did

not get the information about the disposal of

the case.

3.

I state that in the few month that

is on 22/02/2015 one of the relatives have

received the information that my MVC case

was came to be disposed off and my

advocate has informed me to come and meet.

Thereafter I went to my advocate and

collected the papers and prepared to file this

present appeal.

4.

I state that I was unaware of the

fact that the case was disposed off by the

trail Court due to my health conditions as I

am not finance sound as such I went to my

wife’s house parents house t