Partly allowed

Sri Raghuram K S v. Sri Shekhar Ganiga

Karnataka HC1 Oct 2021MFA/1790/2018

Case brief

AI extract

What is this about?

The High Court allowed the motor accident appeal partially. The court held that the lower Tribunal's assessment of pain and suffering compensation was inadequate based on joint counsel submissions. Total compensation was enhanced by Rs. 25,000 without interest.

What did the court decide?

The total compensation enhanced to Rs. 7,59,921; Respondent No. 2 directed to deposit Rs. 25,000 without interest.

Sri Raghuram K S Vs Sri Shekhar Ganiga — Insurance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE M.I.ARUN

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MFA NO.1790 OF 2018 (MV)

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BETWEEN :

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SRI RAGHURAM K.S. S/O SANJEEVA GANIGA AGED ABOUT 42 YEARS R/O VARASIDDI, NALIKERE DEVALKUNDA VILLAGE KUNDAPURA TALUK – 576 201 … APPELLANT

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(BY SRI NAGARAJA HEGDE, ADVOCATE)

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AND :

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SRI. SHEKHAR GANIGA S/O MUTTA GANIGA AGED ABOUT 49 YEARS R/O UPPARIGE MANE UPPUNDA, AMBAGILU BYNDOOR, NANDANAVANA VILLAGE KUNDAPURA TALUK – 576 201

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UNIVERSAL SAMPO GEN. INS. CO. LTD. BRANCH OFFICE: MANGALORE OPP. CITY HOSPITAL, KADRI MANGALORE – 575 001 REP. BY ITS BRANCH MANAGER … RESPONDENTS

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(BY SRI B.C.SHIVANNE GOWDA, ADV. FOR R2;

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R1 SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.07.2017 PASSED IN MVC NO.798/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the judgment and award dated 15.07.2017 passed in MVC No.798/2016 by the Court of the Senior Civil Judge and Additional Motor Vehicle Accident Claims Tribunal, Kundapura (for short ‘the Tribunal’), the petitioner therein has preferred this appeal.

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The brief facts of the case are as follows:

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On 19.04.2016, the appellant was riding his motorcycle bearing registration No.KA-20/EK-0541 from Balikere side towards Hemmadi side. At about 7.30 a.m., an auto rickshaw bearing registration No.KA-20/D-3023 being driven in a rash and negligent manner dashed against the motorcycle of the appellant because of which, the appellant sustained the following injuries:

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(i) Comminuted fracture tibia/fibula extending to joint left with bone loss; and

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(ii) Laceration wound 10x6x4 c.m., mild 1/3^rd of the leg with skin loss fracture exposed.

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The offending vehicle was duly insured with respondent no.2. Hence, the appellant preferred MVC No.798/2016 before the Tribunal claiming a compensation of Rs.20,00,000/-.

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The petitioner therein, to prove his case, examined himself as PW.1 and another witness as PW.2 and got marked Exs.P1 to P12. The respondents did not examine any witness nor got marked any documents.

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Based on the pleadings and the evidence let in and

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the arguments advanced, the Tribunal has awarded a compensation of Rs.7,34,921/- along with interest @ 6% per annum from the date of accident till its realisation. Not satisfied by the same, the petitioner therein has preferred this appeal.

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We have heard learned counsel for the appellant and learned counsel for respondent no.2.

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In the course of the arguments, both the learned counsel for the appellant and the learned counsel for respondent no.2-Insurance Company submitted that the award passed by the Tribunal is in accordance with law but for the lesser compensation awarded on the count of pain and suffering. They both agree for an enhancement of compensation of Rs.25,000/- on the count of pain and suffering without any interest. Their submission is placed on record.

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Hence, the following:

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ORDER

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i) The appeal is allowed in part;

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ii) The total compensation awarded by the Tribunal is modified and enhanced to Rs.7,59,921/(Rupees Seven Lakhs Fifty Nine Thousand Nine Hundred and Twenty One Only) as against Rs.7,34,921/- awarded by the Tribunal;

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iii) Respondent no.2-Insurance Company is directed to deposit the enhanced compensation of Rs.25,000/- without any interest, within a period of four weeks from the date of receipt of a certified copy of the judgment and order, which shall be over and above a sum of Rs.7,34,921/awarded by the Tribunal along with interest at the rate of 6% per annum from the date of accident till its realization;

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iv) The modified compensation amount shall be disbursed in terms of the order of the Tribunal; v) Draw modified award accordingly.

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Sd/-

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JUDGE

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hkh.

Sri Raghuram K S v. Sri Shekhar Ganiga

Case brief

What is this about?

What did the court decide?

Sri Raghuram K S v. Sri Shekhar Ganiga

Case brief

What is this about?

What did the court decide?

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