Shashank Y P Vs Dileep J P

DILEEP J.P. S/O PUTTEGOWDA JAKKENAHALLI VILLAGE KORAVANGALA POST DUDDA HOBLI, HASSAN TALUK HASSAN DISTRICT-573 118 (OWNER OF MOTOR CYCLE BEARING REGISTRATION NO.KA 13-EC.4687 BAJAJ AVENGER-220).

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THE MANAGER

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THE NEW INDIA ASSURANCE COMPANY LIMITED HARSHA MAHAL ROAD HASSAN CITY HASSAN-573201 (POLICY NO.67240131150100005382 VALID FROM 17-07-2015 TO 16-07-2016)

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…RESPONDENTS

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NC: 2026:KHC:13305 M.F.A. No.289/2020

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HC-KAR

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(BY SRI. MADHUSUDHAN M.N. ADV., FOR R1 SRI. Y.K. SHESHAGIRI RAO, ADV., FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.05.2019, PASSED IN MVC NO.551/2017, ON THE FILE OF THE II-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, 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:

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

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ORAL JUDGMENT

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This appeal is filed by the injured appellant seeking for higher compensation challenging the judgment and award dated 17.05.2019 passed in MVC.No.551/2017 by the II Additional District & Sessions Court and Additional MACT, Hassan, (for short 'Tribunal').

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Though this appeal is listed for admission, with

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the consent of learned counsel for the parties, it is taken up for final disposal.

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Sri.Pulakeshi A.P., learned counsel appearing

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for the appellant submits that the Tribunal has erred in

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3 - NC: 2026:KHC:13305 M.F.A. No.289/2020

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HC-KAR

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awarding a meager compensation of Rs.1,70,000/- by disregarding the oral evidence of PW2 and other medical evidence available on record. It is submitted that the Tribunal has recorded a clear finding that as per Ex.P5, the wound certificate, the appellant sustained 4 injuries, out of

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which 2 were grievous in nature. Hence, he seeks to reassess the compensation by awarding compensation under the head of loss of income due to disability by allowing the appeal.

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Per contra, Sri.Madhusudahan M.N., learned counsel for respondent No.1 supports the impugned judgment and award of the Tribunal and submits that PW2 has clearly deposed before the Tribunal that the appellant has not suffered any disability, and the said finding recorded by the Tribunal is based on the oral evidence of PW2. It is submitted that the Tribunal has awarded higher compensation under all other heads which does not call for interference. Hence, he seeks to dismiss the appeal.

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NC: 2026:KHC:13305 M.F.A. No.289/2020

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HC-KAR

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I have heard the arguments on both sides and

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meticulously perused the material available on record.

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It is to be noticed that on 09.05.2016, the appellant met with a road accident and sustained injuries as is evident from Ex.P5, the wound certificate. Ex.P5 indicates that the appellant sustained 4 injuries, out of which 2 injuries were grievous in nature. The Tribunal has recorded a finding that the appellant was treated as an inpatient for a period of 8 days and taking the same into consideration, awarded compensation of Rs.1,70,000/-. The evidence of PW2 clearly indicates that the appellant has not sustained any permanent disability due to the accidental injuries. Hence, awarding compensation under the head of loss of income due to disability does not arise.

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The Tribunal has awarded meager

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compensation under the head of food and nourishment, attendant charges, conveyance, etc. and has not awarded any compensation under the head of loss of amenities.

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5 - NC: 2026:KHC:13305 M.F.A. No.289/2020

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HC-KAR

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Taking note of the same, this Court is of the view that the interest of justice would be met if an additional compensation of Rs.65,000/- is awarded over and above the compensation awarded by the Tribunal. The impugned judgment and award of the Tribunal under the other heads is upheld. Accordingly, the appellant is entitled to an additional sum of Rs.65,000/- as compensation. Making the total compensation amounting to Rs.2,35,000/-.

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The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.

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In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed . The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such

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NC: 2026:KHC:13305 M.F.A. No.289/2020

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HC-KAR

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deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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ABK List No.: 2 Sl No.: 10

Shashank Y P v. Dileep J P

Case brief

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Shashank Y P v. Dileep J P

Case brief

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