Sri Gangadharappa Vs Sri Ashwathappa

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO REMAND THE MATTER OR MODIFY/SET ASIDE THE JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO.74/2019 BY THE SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, GOWRIBIDANUR.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:11029 MFA No. 8227 of 2023

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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This appeal is preferred by the appellant-claimant

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challenging the judgment and award dated 30.09.2022 passed in MVC.No.74/2019 by the Senior Civil Judge and JMFC and Additional MACT, Gowribidanur (for short ‘the tribunal’). This appeal is founded on the premise of inadequate and meager compensation awarded by the tribunal.

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Parties to the appeal shall be referred to as per their status before the tribunal.

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Brief facts of the case are as under:

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On 27.04.2018, the claimant was walking along with

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his relative Sri Mylarappa on the left side of the road on Bengaluru-Hindupur State Highway. When they were

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crossing the road near Pushpanjali Talkies, the rider of the

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motor cycle bearing registration No.KA-40-H-9920 came on the wrong side of the road and dashed against the claimant.

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3.1 Due to the impact of the accident, the claimant fell down and sustained injuries. He was immediately shifted to the Government Hospital, Gowribidanur and later to Victoria Hospital and thereafter, he took treatment through alternative medicine.

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3.2 Due to the injuries sustained in the accident, the claimant filed a claim petition seeking compensation against the respondent.

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3.3 The respondent filed written statement denying the claim of the claimant and sought for dismissal of the claim petition.

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3.4 On the basis of materials placed on record, the tribunal awarded total compensation of Rs.35,000/- with interest @ 6% per annum and directed the respondent to pay the compensation within three months.

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3.5 Being aggrieved by the inadequate compensation awarded by the tribunal, the claimant is before this Court.

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Learned counsel for appellant-claimant contends that the tribunal has failed to take into consideration the

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notional income for awarding compensation and also has failed to award reasonable compensation towards loss of income during laid up period, pain and suffering and loss of amenities. On these grounds, he seeks enhancement of compensation.

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Per contra, learned counsel for respondent contends that a false case has been lodged against the respondent; he was not at all involved in the accident; he was made to plead guilty by the claimant before the Court of criminal prosecution, based on which, the present claim petition came to be allowed. It is further contended by learned counsel for respondent that he is a daily wager and agricultural coolie. He does not have necessary source of income to pay the compensation as he is living hand to mouth. Hence, he seeks dismissal of the appeal.

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Having heard learned counsel for appellant and learned counsel for respondent, a short point that arises for consideration is -

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"Whether the appellant is entitled for enhancement of compensation? If so, what amount?"

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The occurrence of accident, involvement of vehicle

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and the injuries sustained by the claimant in the road traffic accident, are proved and established by production of Exs.P1 to P12. Hence, negligence is rightly attributed against respondent. The age of the claimant as on the date of occurrence of accident was 51 years. Admittedly, there is no evidence adduced by the Doctor to show any disability. Though the claimant pleads that injury No.4 is grievous in nature, no materials are produced by the appellant-claimant with regard to the medical certificate, bills or receipts apart from production of the wound certificate at Ex.P8. Considering all these aspects, the tribunal awarded total compensation of Rs.35,000/- under

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only two heads namely, Rs.25,000/- towards pain and suffering and Rs.10,000/- towards loss of income during laid-up period.

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NC: 2025:KHC:11029 MFA No. 8227 of 2023

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Even if the case of the appellant is accepted that since he had met with an accident and he was unable to go to work, the loss of income during laid up period would have to be enhanced. Therefore, this Court, taking into consideration the notional income of Rs.12,500/- per month, for a period of two months, Rs.25,000/- is awarded under this head and the amount of Rs.10,000/already awarded under this head shall be compensated towards loss of amenities.

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The tribunal awarded Rs.25,000/- towards pain and suffering, which does not call for interference and the same is retained.

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In view of the above, the claimant would be

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entitled to total compensation of Rs.60,000/- as against Rs.35,000/- awarded by the tribunal, as mentioned in the

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table below:

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Sl.No.	Head of compensation	Amount of compensation awarded
1.	Pain and suffering	25,000-00
2.	Loss of income during laid up period	10,000-00
3.	Loss of amenities	10,000-00
	TOTAL	60,000-00

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NC: 2025:KHC:11029 MFA No. 8227 of 2023

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Accordingly, I pass the following:

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O R D E R

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i) The appeal is allowed-in-part;

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ii) The impugned judgment and award dated 30.09.2022 passed in MVC.No.74/2019 by the Senior Civil Judge and JMFC and Additional MACT, Gowribidanur, is modified;

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iii) The appellant-claimant is entitled to total compensation of Rs.60,000/- as against Rs.35,000/- awarded by the tribunal along with interest at 6% per annum;

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iv) The respondent shall pay the balance amount within a period of four weeks from the date of receipt of a copy of this order;

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v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification;

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NC: 2025:KHC:11029 MFA No. 8227 of 2023

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vi) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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LB

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List No.: 1 Sl No.: 51

Sri Gangadharappa v. Sri Ashwathappa

Case brief

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Sri Gangadharappa v. Sri Ashwathappa

Case brief

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