Parasappa Fakkirappa Kumanahalli Vs Chandrakant S/O… — Motor Accident Claims | Karnataka HC (2025)

Parasappa Fakkirappa Kumanahalli Vs Chandrakant S/O… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed in part; the Tribunal's judgment and award dated 28.10.2011 in MVC No.303/2010 set aside; appellant/claimant awarded total compensation of Rs.10,000/- with interest at 6% p.a. from the date of petition till realisation; no interest for the 104-day filing delay; Insurance Company to deposit the compensation within eight weeks; no order as to costs; award to be drawn and Trial Court records returned with a copy of the judgment.

Issue for consideration

Whether the claimant sustained injuries in the road traffic accident — i.e., whether there was convincing evidence proving the injuries, although the accident itself was proved. +1 more

Court's answer

From the medical evidence on record it is proved that the claimant suffered the listed injuries: (1) swelling and tenderness over the left foot; (2) heated wound over right ring finger; (3) swelling and tenderness over right foot; and (4) swelling and tenderness over left pleat toe.

Ratio / Principle

The Tribunal committed an error in dismissing the claim petition on the finding that the claimant had not sustained injuries; Ex.P-5, the wound certificate, proves that the claimant had sustained injuries.

Key takeaways

Considering the nature of the injuries — one grievous in nature as per the wound certificate and the others simple — the Court deemed it just and proper to award global compensation of Rs.10,000/- towards medical expenses, along with interest at 6% p.a.ratio¶35
The Insurance Company is directed to deposit the compensation within eight weeks from receipt of a copy of the judgment; accordingly, the appeal is liable to be allowed in part.ratio¶37
The appellant/claimant is denied interest for the delayed period of 104 days taken in filing the appeal.

Detailed headnote1 paragraphs

Motor Vehicles — Claim for compensation for injuries in road traffic accident — Tribunal (Senior Civil Judge & MACT, Haveri) dismissed the claim petition (MVC No.303/2010, award dated 28.10.2011) holding there was no convincing evidence that the claimant sustained injuries, though the accident was proved — On appeal under Section 173(1) of the Motor Vehicles Act, the High Court (Dharwad Bench, single Judge) held that the medical evidence on record, including Ex.P-5 (wound certificate), proved four injuries suffered by the claimant, one of them grievous and the rest simple — The Tribunal's judgment and award was set aside — Global compensation of Rs.10,000/- awarded under the head of medical expenses alone, with interest at 6% p.a. from the date of petition till realisation — No interest for the delayed period of 104 days in filing the appeal — Insurance Company (Oriental Insurance Co. Ltd.) directed to deposit the compensation within eight weeks — Appeal allowed in part; no order as to costs.

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NC: 2025:KHC-D:2932 MFA No. 20546 of 2012

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF FEBRUARY, 2025 BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.20546 OF 2012 (MV)

BETWEEN:

PARASAPPA FAKKIRAPPA KUMANAHALLI, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O: KONANAKERI VILLAGE, TALUK: SHIGGAON, DIST: HAVERI.

…APPELLANT

(BY SRI LAXMAN C.KULKARNI, ADVOCATE)

AND:

CHANDRAKANT S/O. APPAJI KANJALEKAR, AGE: MAJOR, OCC: BUSINESS, R/O: NITTUR, TQ: KHANAPUR, DIST: BELAGAVI, OWNER OF THE TRUCK BEARING NO.KA-22/2009.

THE MANAGER,

THE ORIENTAL INSURANCE CO. LTD., N. K. COMPLEX, KESHWAPUR, HUBLI,

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

POLICY NO.472504/31/2010/1938 VALIDTY POLICY DATED 22.10.2009 TO 21.10.2010.

…RESPONDENTS

(BY SRI N.R. KUPPELUR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY AND ALLOWED THE CLAIM PETITION AWARDED BY THE SENIOR CIVIL JUDGE AND A.M.A.C.T. HAVERI, AT: HAVERI, M.V.C. NO.303/2010 DATED 28.10.2011 AND ALLOW THE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2025:KHC-D:2932 MFA No. 20546 of 2012

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

The present appeal is filed by the claimant challenging the judgment and award dated 28.10.2011 passed in MVC No.303/2010 by the Senior Civil Judge and MACT, Haveri (hereinafter referred to as ‘the Tribunal’ for short) thereby, the claim petition filed by the claimant was dismissed on the ground that there is no evidence to prove that the claimant sustained injuries in the motor vehicle accident.

The claimant has filed claim petition seeking compensation injuries sustained in the road traffic accident, but the Tribunal has dismissed the claim petition on the ground that there is no convincing evidence to prove that the claimant has sustained injuries in the road traffic accident, though the accident is proved.

From the medical evidence on record it is proved that the claimant has suffered following injuries:

1) Swelling and tenderness over the left foot.

2) Heated wound over right ring finger.

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NC: 2025:KHC-D:2932 MFA No. 20546 of 2012

3) Swelling and tenderness to the present over right foot.

4) Swelling and tenderness present over left pleat toe.

It is the case of the claimant that he has sustained injuries in the road traffic accident and stated that he incurred expenditure of Rs.50,000/- towards medical expenses and hospitalization charges, but the Tribunal has committed an error in dismissing the claim petition by giving

finding that he has not sustained injuries. Ex.P-5 is the wound certificate, which proves that the claimant had sustained injuries. Therefore, it is just and proper to award compensation under the head medical expenses accordingly.

Considering the nature of injuries sustained,

among all the injuries, one injury is grievous in nature as per the wound certificate, and other injuries are simple in nature. Thus, it is just and proper to award global compensation of Rs.10,000/- towards medical expenses. Accordingly, the global compensation of Rs.10,000/- is

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awarded along with interest at the rate of 6% p.a. The Insurance Company is directed to deposit the compensation within a period of eight weeks from the receipt of copy of this judgment. Therefore, the appeal is liable to be allowed in part.

Hence, I proceed to pass the following:

ORDER

i. The appeal is allowed in part.

ii. The judgment and award dated 28.10.2011 passed in MVC No.303/2010 by the Senior Civil Judge and MACT, Haveri, is hereby set aside.

iii. The appellant/claimant is entitled total compensation of Rs.10,000/along with interest at the rate of 6% p.a. from the date of petition till its realization.

iv. The appellant/claimant is not entitled to interest for the delayed period of 104 days in filing the appeal.

v. No order as to costs.

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NC: 2025:KHC-D:2932 MFA No. 20546 of 2012

vi. Draw award accordingly.

vii. Send back the Trial Court Records along with

copy of this judgment.

Sd/(HANCHATE SANJEEVKUMAR) JUDGE

SRA List No.: 1 Sl No.: 58