Advocates:
['V SHIVARAJA HIREMATH', '', 'DURUGAMMA :R SD', '', 'NEW INDIA ASSURANCE CO LTD', 'BELLARY :R SD', 'S C JAINAR', 'R DISPENSED WITH', 'V R DATAR']

1

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 4^TH DAY OF DECEMBER, 2014

BEFORE

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

M.F.A. NO.22466/2009 (MV)

BETWEEN:

DAMODAR S/O BABU,

AGED ABOUT 25 YEARS,

ASST. ENGINEER IN KPTCL,

KUDITHINI, R/O KUDITHINI,

BELLARY.

-

APPELLANT

(BY SRI V. SHIVARAJA HIREMATH, ADVOCATE)

AND:

1.

SMT. DURUGAMMA W/O NAGAPPA,

MAJOR, OWNER OF THE LORRY

BEARING REG. NO. ATA-2786,

R/O W.NO. 25, MARUTHI STREET,

DEVINAGAR, BELLARY.

2.

THE BRANCH MANAGER,

NEW INDIA ASSURANCE CO. LTD.,

BELLARY (COVER NOTE NO.671800/

31/04/02075 VALID FROM 20.07.2004

TO 19.07.2005).

3.

THE BRANCH MANAGER,

M/S ORIENTAL INSURANCE CO. LTD.,

BELLARY (COVER NOTE NO.2005-4486

VALID FROM 27.09.2004 TO 26.09.2005).

4.

T. GIRISH S/O SOMASHEKERAPPA,

MAJOR, OWNER CUM DRIVER OF THE

AUTO RIKSHAW BEARING REG. NO.

KA-34/5238, R/O RUPANAGUDI ROAD,

2

NEAR HULIGEMMA TEMPLE, BELLARY.

5.

THE BRANCH MANAGER,

NEW INDIA ASSURANCE CO. LTD.,

BELLARY. (COVER NOTE NO.671800/

31/04/05367 VALID FROM 25.12.2004

TO 24.12.2005).

-

RESPONDENTS

(BY SRI S.C. JAINAR, ADVOCATE FOR R3,

SRI V.R. DATAR, ADVOCATE FOR R5,

NOTICE TO R1 & R2 IS SERVED,

NOTICE TO R4 IS DISPENSED WITH)

THIS APPEAL IS FILED U/S 173(1) OF M.V. ACT AGAINST THE

JUDGMENT AND AWARD DATED 27.12.2008 PASSED IN M.V.C. NO.

1193/2005 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR. DN.) CUM

MACT-V, BELLARY & ETC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

1.

The appellant being the claimant before the trial Court

in M.V.C. No. 1193/2005 on the file of the First Additional

Civil Judge (Sr. Dn.) & MACT, Bellary being dissatisfied with

the quantum of award passed in the said case, approached

this Court for enhancement of compensation.

2.

The respondent nos.1 and 2 before this Court though

served, not represented before the Court. Sri S.C. Jainar,

Advocate appeared for respondent no.3. Notice to be issued

3

to respondent no.4 was dispensed with vide orders of this

Court dated 30.4.12. Sri V.R.Datar, Advocate appeared for

respondent no.5.

3.

The brief factual matrix of the case on hand is that the

appellant (claimant) filed a claim petition stating that on

19.06.2005 at about 7.15 p.m. this claimant was proceeding

as a pilion raider on the motorcycle of one Udayakumar.

When they came near Tayamma temple near District

Industrial Office, Bellary, a lorry bearing reg. No. ATA-2786

belonging to respondent no.1 before the trial Court being

driven by its driver in a rash and negligent manner and

dashed against the motorcycle, due to which, both the rider

and this appellant fell down and sustained grievous injuries.

It is an undisputed fact that the traffic Police, Bellary have

registered a case against the lorry driver in Crime No.

154/2005 for the offences punishable u/S 279 and 337 of

IPC r/w Sec. 187 of M.V.Act. As could be seen from the

judgment of the trial Court there is absolutely no dispute with

4

regard to the liability of the Insurance Company so far as the

said lorry is concerned. The trial Court has also fastened

responsibility on the Insurance Company of the said lorry

who is arrayed as respondent no.2 in this appeal, i.e., the

New India Assurance Co. Ltd. The learned counsel also

submitted that the said Insurance Company has not filed any

appeal against the orders of the trial Court challenging their

liability as such.

4.

The learned counsel for respondent no.3 Sri S.C. Jainar

appeared

before

the

Court

and

submitted

that

no

responsibility has been fastened on the Oriental Insurance

Co. Ltd., which is the insurer of the motorcycle involved in

this particular case. In view of the above said facts and

circumstances this appeal is narrowed down to the quantum

of compensation awarded in favour of the claimant. The trial

Court has awarded total compensation of `45,000/- in favour

of the claimant. According to the counsel, it is very meager.

5

The trial Court has awarded compensation under the

following heads.

1.

Medical Expenses,