Rangappa Vs Harshavardhan

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2019 PASSED IN MVC NO.802/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimant being aggrieved by the judgment and award dated 02.11.2019 passed by the Senior Civil Judge and Addl.MACT, Arsikere(for short `Tribunal'), in MVC No.802/2018, seeking enhancement of compensation.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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This case is stated for admission and with consent

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of learned counsel for appellant, it is taken for final disposal.

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The brief facts of the case are that, on 23.01.2018, the claimant sustained grievous injuries while traveling as pillion rider on the motor cycle bearing registration

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3 - NC: 2025:KHC:42015 MFA No. 4339 of 2020

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HC-KAR

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No.KA.46/G-3280, due to rash and negligent driving of lorry bearing registration No.KA.13/C-2779. He filed claim petition under Section 166 of Motor Vehicle Act seeking

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compensation.

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The respondent being driver and the owner of the offending lorry remained exparte before the Tribunal

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The claimant to prove his case, examined one witness as PW-1 and marked 13 documents, as per Exs.P-1 to P-13. Respondent No.2 has not lead any oral or documentary evidence.

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The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned

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judgment, awarded the following amount of compensation:

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Particulars	Amount in Rs.
Pain and suffering	35,000
Medical expenses	500
Attendant charges	2,000
Conveyance, diet, extra nourishment	4,000
charges, food and attendant charges
Loss of income during laid up period	8,000
Loss of amenities and enjoyment of	5,000
life
Total	54,500

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HC-KAR

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Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation.

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8. Heard the arguments of the learned counsel for appellant.

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9. In the impugned judgment at paragraph No.16, it was observed that claimant had sustained injury at parietal region of the head and he was admitted as an in- patient from 29.01.2018 to 08.02.2018 i.e. around 11 days. T he Tribunal awarded a lesser amount of compensation on the ground that the concerned doctor had opined that the injuries were simple in nature and that there was no need for the claimant to undergo in-patient treatment for about 11 days at the Government Hospital, Hassan.

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10. Looking at the amount of compensation awarded under different heads, they are on the lower side. Considering the facts and circumstances and materials placed on record, a global compensation of Rs.25,000/- is

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HC-KAR

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awarded in addition to the amount awarded by the Tribunal. It appears that respondent No.2 has not insured the said vehicle and hence respondent No.2 is liable to pay the said amount of compensation with interest @ 6% per annum from the date of the petition till its realisation.

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11. In the result, I proceed to pass the following:

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ORDER

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i) The Appeal is allowed in part .

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ii) The judgment and award dated 02.11.2019 passed by the Senior Civil Judge and AMACT, Arsikere in MVC No.802/2018 stands modified;

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iii) The claimant is entitled to enhanced global compensation of Rs.25,000/in addition to the amount awarded by the Tribunal with interest at the rate of 6% p.a., from the date of petition till its realization,

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iv) The respondent No.2 - owner of the offending vehicle shall deposit the amount within a period of six weeks from the date of award.

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HC-KAR

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v) Amount enhanced is marginal, therefore, entire enhanced amount with interest is ordered to be released in favour of the claimant on due identification.

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vi) Draw award accordingly.

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Registry is directed to send a copy of this judgment to the concerned Tribunal.

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Sd/(UMESH M ADIGA) JUDGE

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AG List No.: 1 Sl No.: 27

Rangappa v. Harshavardhan

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Rangappa v. Harshavardhan

Case brief

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