Sri Harish Kumar Vs Sri Ravi Naik

SRI. HARISH KUMAR S/O SRI. CHANDRAPPA AGED ABOUT 27 YEARS R/O KRISHNAPURA VILLAGE LINGADAHALLY HOBALI TARIKERE TALUK CHIKKAMAGALURU DISTRICT NOW R/AT C/O LATE SHIVA MESTRY MARKET ROAD, CHIKKAMAGALURU-577101.

¶10

…APPELLANT

¶11

(BY SRI. VINOD GOWDA, ADV.,)

¶12

AND:

¶13

SRI. RAVI NAIK S/O SRI. KRISHNA NAIK AGED ABOUT 31 YEARS R/O LAMBANI BEEDI LINGADAHALLY HOBALI TARIKERE TALUK CHIKKAMAGALURU DISTRICT.

¶14

SRI. RAVIKUMAR S/O LALYANAIK L.S. KUMARE GOWDA

¶15

2 - NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶16

HC-KAR

¶17

R/O LAMBANI BEEDI LINGADAHALLY HOBALI TARIKERE TALUK CHIKKAMGALURU DISTRICT.

¶18

THE MANAGER ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD NO.30, JNT CITY CENTER RAJARAM MOHAN ROY ROAD SAMPANGIRAM NAGARA BENGALURU.

¶19

…RESPONDENTS

¶20

(BY SRI. P.B. RAJU, ADV., FOR R3 SMT. KALPANA P.V. ADV., FOR R1 & R2)

¶21

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE

¶22

JUDGMENT AND AWARD DATED: 31.08.2019, PASSED IN MVC NO.572/2018, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶23

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

¶24

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶25

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶26

3 - NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶27

HC-KAR

¶28

ORAL JUDGMENT

¶29

This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 31.08.2019 passed in MVC.No.572/2018 by the Principal Senior Civil Judge and CJM., & Member, MACT, Chikkamagaluru, (for short, ‘Tribunal’).

¶30

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

¶31

Sri.Vinod Gowda, learned counsel for the appellant-claimant submits that the Tribunal has awarded global compensation of Rs.50,000/- by ignoring the oral and documentary evidence of the injured, wound certificate as at Ex.P6 and also has not awarded any compensation to the damages caused to the bullock cart as well as to the bullocks. Hence, he seeks to enhance the compensation by allowing the appeal.

¶32

4 - NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶33

HC-KAR

¶34

Per contra, Sri.P.B.Raju, learned counsel

¶35

appearing for respondent No.3-Insurance Company and Smt.Kalpana P.V., learned counsel appearing for respondent Nos.1 and 2 supports the judgment and award of the Tribunal and submit that except the oral evidence of PW-1, nothing has been placed before the Tribunal to substantiate the disability, and no evidence is placed to substantiate that the bullock cart is damaged and the injury was also caused to the bullocks. Hence, they seek to sustain the judgment of the Tribunal and to dismiss the appeal.

¶36

I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record.

¶37

It is to be noticed that the appellant-claimant

¶38

met with an accident on 09.02.2018. To substantiate the claim, the appellant-claimant has examined himself as PW-

¶39

1 and got marked the documents as Exs.P-1 to P-11 and

¶40

5 - NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶41

HC-KAR

¶42

the respondents got marked the documents as Exs.R-1 to

¶43

R-3. It is to be noticed that as per Ex.P-9 - CT Scan report

¶44

as well as other medical evidence on record, the appellant sustained undisplaced fracture of left zygomatic arch, soft tissue swelling in parietal region and he was in-patient for

¶45

1 day. Considering the nature of fracture suffered and the treatment provided to the appellant-claimant, I am of the considered view that the interest of justice would be met if additional sum of Rs.20,000/- is awarded as compensation

¶46

to the appellant-claimant with the interest rate of 6% per annum in addition to what has been awarded by the Tribunal. Insofar as the compensation to the bullock cart and the bullocks is concerned, the same cannot be considered in the absence of any evidence on record with regard to the damage and injury caused in the accident. Hence, the prayer seeking compensation for the bullock

¶47

cart and the bullocks is rejected.

¶48

6 -

¶49

NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶50

HC-KAR

¶51

In the result, this Court proceeds to pass the

¶52

following:

¶53

ORDER

¶54

a) Appeal is allowed in part .

¶55

b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to an additional compensation of Rs.20,000/- along with interest at the rate of 6% per annum from the date of petition till the date of payment in addition to what has been awarded by the Tribunal.

¶56

c) The Insurance Company shall deposit the additional compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

¶57

NC: 2026:KHC:15801 M.F.A. No.2443/2020

¶58