The High Court allowed the first appeal in part, enhancing the compensation for pain and suffering, loss of amenities, and other heads due to the inadequacy of the award in the proceedings below.
Enhanced compensation of Rs.43,250/- awarded with 6% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:11312 MFA No. 100731 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 100731 OF 2023
BETWEEN:
SHRI. SIDDAPPA S/O. RAMAPPA KARIDEMANAVAR, AGE: 63 YEARS, OCC: AGRICULTURE & MILK VENDING WORK (NOW NIL), R/O: NAYANAGAR, BAILHONGAL, DIST: BELAGAVI – 591102.
…APPELLANT
(BY SRI. VIJAYKUMAR KOTIN, ADVOCATE)
AND:
Location: BHARATHI HIGH H M COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. NAGARAJ C. KALLOORI, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH)
THIS MFA FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYS THAT, THIS HON’BLE COURT MAY BE PLEASED TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C. NO.884/2019, ON THE
FILE OF SENIOR CIVIL JUDGE & ADDL. MACT, BAILHONGAL DATED 09.01.2023 BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant –petitioner challenging the quantum of compensation awarded in judgment dated 09.01.2023 passed in MVC No.884/2019 by the Senior Civil Judge and Additional MACT, Bailhongal on the ground of inadequacy.
petitioner and learned counsel for respondent No.2.
would contend that the appellant has sustained fracture of transverse process of lumber vertebra at L3 and L4 level and it is major fracture. Considering the said aspect, compensation under the head of pain and suffering at Rs.40,000/- is inadequate. He contends that the tribunal
has not awarded any compensation under the head of diet food, nourishment, and attendant and conveyance charges. He submits that compensation awarded under the head of loss of income during laid up period is on lower side and so also the loss of amenities and enjoyment in life. On these grounds, he prays to enhance the compensation.
perused the impugned judgment and materials placed on record.
of transverse process of lumber vertebra at L3 and L4 level. The doctor –P.W.2 has opined that said injury is
grievous in nature and petitioner has taken conservative treatment. Admittedly, the appellant –petitioner is agriculturist and also owning cattle. The said fracture has affected his daily routine causing pain and suffering. Considering said aspect, compensation awarded under head of pain and suffering in sum of Rs.40,000/- is lower side and the appellant –petitioner is entitled compensation under the said head is Rs.50,000/-.
fracture on his back and he is agriculturist, he is not able to do agriculture at least for the period of 03 months and therefore, he is entitled to loss of income for the laid up
period i.e. 03 months. Considering the said aspect, entitled compensation under head of loss of income for laid up period is 11,750 per month for 03 months i.e. Rs.35,250/- as against 23,500/- as awarded by the tribunal.
petitioner is entitled for enhanced compensation.
ORDER
i) The appeal is allowed in part.
ii) The appellant –petitioner is entitled for enhanced compensation of Rs.43,250/- with
interest at the rate of 6% P.A. on the enhanced compensation from the date of the petition till realization.
iii) Respondent No.2 –Insurance Company shall deposit the said enhanced compensation within a period of 04 weeks from the date of receipt of certified copy of this order.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP CT:ANB List No.: 1 Sl No.: 46
1 issue framed by the court
Whether the compensation awarded for pain and suffering was inadequate given the severity of the fracture?
1 provisions across 1 enactments
SHRI. SIDDAPPA S/O. RAMAPPA KARIDEMANAVAR
SHRI. AMEERAHMAD S/O. KUTUBUDDIN GUDAGUDI
THE BRANCH MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD.
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
