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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 17^TH 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)

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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)

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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.

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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

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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