HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
MALLAPPA @ MALLIKARJUN S/O PARAMANNA PUJARI – Appellant
Versus
SRI. SUNIL AND ANR – Respondent
MFA/200096/2016
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER 2019
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
MFA No.200096/2016 (MV)
C/w
MFA.No.201503/2015 (MV)
IN MFA.No.200096/2016
BETWEEN:
MALLAPPA @ MALLIKARJUN S/O PARAMANNA PUJARI
AGE: 24 YEARS OCC: MASON
R/O: HANDRAL-J, TQ: SURPUR, DIST: YADGIR
NOW RESIDING AT SHAHAPETI GALLI
VIJAYAPUR-586101.
… APPELLANT
(BY SRI BAPUGOUDA SIDDAPPA., ADVOCATE)
AND:
01.
SUNIL S/O PRABHU KANAMUCHANAL
AGE: 39 YEARS OCC: OWNER OF AUTO
R/O: NIVALKOD TQ: SINDAGI
DIST: VIJAYPUR-586104.
02.
THE BRANCH MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
S.S. FRONT ROAD, BIDARI COMPLEX
VIJAYAPUR-586101.
… RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI., ADV., FOR R2,
VIDE ORDER DATED 04.06.2019 NOTICE TO R1 IS
DISPENSED WITH)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY
THE JUDGMENT AND AWARD DATED 06.07.2015 PASSED
IN MVC.NO.1028/2014 ON THE FILE OF PRINCIPAL
SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL NO.V, VIJAYAPUR AT VIJAYAPUR AND ALLOW
THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY
RS.12,75,000/- ONLY AS CLAIMED BY THE APPELLANT
BEFORE THIS COURT AND ETC.,
IN MFA.NO.201503/2015
BETWEEN:
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
S.S. FRONT ROAD, BIDAR COMPLEX, VIJAYAPUR,
NOW REPRESENTED BY ITS SR. DIVISIONAL MANAGER.
… APPELLANT
(BY SMT. PREETI PATIL MELKUNDI., ADVOCATE)
AND:
01.
MALLAPPA @ MALIKARJUN S/O PARAMANNA PUJARI
AGE: 23 YEARS OCC: MASON
R/O: HANDRAL-J, TQ: SURPUR, DIST: YADGIR
NOW RESIDING AT SHAHAPETI GALLI,
VIJAYAPUR-586101.
02.
SUNIL S/O PRABHU KANAMUCHANAL
AGE: 36 YEARS OCC: OWNER OF AUTO
R/O: NIVALKOD TQ: SINDAGI
DIST: VIJAYPUR-586101. … RESPONDENTS
(BY SRI BAPUGOUDA SIDDAPPA., ADV., FOR R1,
VIDE ORDER DATED 28.01.2019 NOTICE TO R2 IS
DISPENSED WITH)
3
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT PRAYING TO CALL
FOR THE RECORDS IN MVC.NO.1028 OF 2014 ON THE
FILE OF MEMBER, MACT-V, VIJAYAPUR AND SET ASIDE
AND MODIFY THE JUDGMENT AND AWARD DATED
06.07.2015 BY ALLOWING THIS APPEAL WITH COSTS AND
GRANT SUCH OTHER RELIEF AND FURTHER RELIEFS.
THESE APPEALS COMING ON FOR ADMISSION,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
These two appeals arise out of judgment and award
dated 06.07.2015 passed by the Court of Principal Senior
Civil
Judge
and
MACT
No.V,
Vijayapur
in
MVC.No.1028/2014.
02.
MFA.No.200096/2016
is
preferred
by
the
claimant and MFA.No.201503/2015 is preferred by the
Insurance Company.
4
03.
The Tribunal has awarded a compensation of
Rs.3,75,000/- with interest at the rate of 9% per annum
from the date of petition till realization of compensation
amount, under the following heads;
1)
Injury, Pain and Sufferings
Rs. 50,000/-
2)
Medical expenses
Rs. 91,766/-
3)
Future medical expenses
Rs. 20,000/-
4)
Loss of future income
Rs.1,42,560/-
5)
Loss during laid up period
Rs. 24,000/-
6)
Attendant charges
Rs. 5,000/-
7)
Conveyance charges
Rs. 5,000/-
8)
Food and Nourishment
Rs. 5,000/-
Total
Rs.3,75,326/-.
04.
Brief facts of the case are that on 30.11.2013
at about 09.30 a.m. near Sadab cross, on Kembhavi to
Hunasagi road, when petitioner was proceeding on his
motorcycle bearing Reg.No.KA-33/J-9862, driver of Ape
Goods Auto bearing Reg.No.KA-28-B-7514 came in a high
speed and in a rash and negligent manner from opposite
direction and dashed against the motorcycle. On account
of which, he sustained injuries. He was shifted to
5
Government Hospital, Hunasagi for first aid treatment.
Thereafter he was shifted to Mission Hospital, Miraj for
further treatment, wherein he was treated as an indoor
patient for about 12 days. On account of accidental
injuries, he suffered physical disability.
05.
Contentions of the learned counsel for the
claimant is that the compensation awarded by the Tribunal
is not commensurate with the injuries and disability
suffered by the claimant, hence, he sought enhancement