Karnataka High Court
Basavaraj S/O Ningaiah Hebbal Hiremath vs Basavaraj S/O Baramappa Malladad on 10 December, 2013
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF DECEMBER 2013
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
MFA No.13055/2007 (MV)
C/W
MFA CROB NO.730/2009
IN MFA NO.13055/2007
MFA NO.12898/2007
A/W
MFA CROB NO.731/2009
MFA NO.13055/2007
BETWEEN:
BASAVARAJ
S/O NINGAIAH HEBBAL HIREMATH
AGE ABOUT 23 YEARS
R/O HANUMAPURA
RANEBENNUR TALUK
HAVERI DISTRICT
...APPELLANT
(BY SRI M V HIREMATH, ADV.)
AND
1. BASAVARAJ S/O BARAMAPPA MALLADAD
AGED ABOUT 45 YEARS
R/O NOKAPURA, HONNATTI POST
RANEBENNUR TALUK
2
HAVERI DISTRICT
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.,LTD.,
SUJATHA COMPLEX
OPP TO P.B.ROAD
HUBLI
... RESPONDENTS
(BY SRI SUMANA BALIGA, ADV. FOR R1 )
(SRI LAXMAN B. MANNODDAR, ADV. FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 18.6.2007 PASSED IN MVC NO.
222/2005 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN)
AND ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
MFA CROB. 730/2009
BETWEEN
BASAVARAJ S/O BARAMAPPA MALLADAD
AGED ABOUT 47 YEARS
R/O NOKAPURA VILLAGE
HONNATTI POST, TQ RANEBENNUR
DISTRICT-HAVERI
... CROSS OBJECTOR
(BY SMT SEEMA SHIVA NAIK, ADV.)
AND
1. BASAVARAJ S/O NINGAIAH HEBBAL HIREMATH
AGED ABOUT 25 YEARS
R/O HANUMAPURA, TQ RANEBENNUR
DISTRICT-HAVERI
3
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO LTD
SUJATHA COMPLEX, OPP P.B.ROAD.
HUBLI
... RESPONDENTS
(BY SRI M.V. HIREMATH, ADV. )
THIS MFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC IN MFA.NO.13055/2007 FILED AGAINST THE ORDER
JUDGMENT AND AWARD DATED:18/06/2007 IN
MVC.NO.222/2005 ON THE FILE OF THE ADDL.CIVIL
JUDGE(SR.DN) & AMACT, RANEBENNUR, AWARDING
COMPENSATION OF RS.45,616/- WITH THE INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL
REALISATION OF THE AMOUNT.
MFA NO.12898/2007
SOMAPPA S/O BASAPPA NEGALUR
AGED ABOUT 23 YEARS
R/O HANUMAPURA
RANEBENNUR TALUK
HAVERI DISTRICT
...APPELLANT
(BY SRI M.V.HIREMATH, ADV.)
AND
1. BASAVARAJU
S/O BARAMAPPA MALLADAD
AGED ABOUT 45 YEARS
R/O NOKAPURA, HONNATTI POST
RANEBENNUR TALUK
HAVERI DISTRICT
4
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO LTD.,
SUJATHA COMPLEX
OPP TO P.B.ROAD
HUBLI ... RESPONDENTS
(BY SRI SUMANA BALIGA, ADV. FOR R1)
(SRI LAXMAN B. MANNODDAR, ADV. FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 18.6.2007 PASSED IN MVC NO.
221/2005 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN)
AND ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
MFA CROB 731/2009
BASAVARAJ S/O BARAMAPPA MALLADAD
AGED ABOUT :47 YEARS
R/O NOKAPURA VILLAGE, PO HONNATTI
TQ RANEBENNUR, DISTRICT-HAVERI
...CROSS OBJECTOR
(BY SRI SEEMA.S.NAIK, ADV.)
AND
1. SOMAPPA S/O BASAPPA NEGALUR
AGED ABOUT 45 YEARS
R/O HANUMAPURA TQ RANEBENNUR
DISTRICT-HAVERI
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO.LTD
SUJATHA COMPLEX,OPP P.B.ROAD,
HUBLI ... RESPONDENTS
(BY SRI M.V.HIREMATH, ADV.)
5
MFA.CROB FILED UNDER ORDER 41 RULE 22 OF CPC IN
MFA.NO.12898/2007 FILED AGAINST THE ORDER JUDGMENT
AND AWARD DATED:18/06/2007 IN MVC.NO.221/2005 ON THE
FILE OF THE ADDL.CIVIL JUDGE(SR.DN) & AMACT,
RANEBENNUR, AWARDING COMPENSATION OF RS.60,330/-
WITH THE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE
OF PETITION TILL REALISATION OF THE AMOUNT.
THESE APPEALS AND CROSS OBJECTIONS COMING ON
FOR ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
MFA No.13055 is by the claimant seeking enhancement of compensation awarded by Additional Civil Judge (Sr.Dn.) and Additional Motor Accidents Claims Tribunal, Ranebennur, in MVC No.222/2005 dated 18.06.2007 wherein the Tribunal has awarded compensation of Rs. 45,616/- with interest at 6% per annum.
2. Learned counsel for the appellant submits that accident is of the year 2004. The income of the injured taken by the Tribunal at Rs.60/- per day is on lower side. Injured suffered two grievous injuries and two fractures. The Tribunal has awarded Rs.5,000/- towards pain and 6 suffering, it is on lower side. Learned counsel for the claimant prays for allowing the appeal.
3. Learned counsel for the respondents prays for dismissal of the appeal.
4. By considering the injuries of the injured i.e. two injuries are grievous in nature and one injury is simple in nature, an amount of Rs.25,000/- is awarded as additional compensation. Rs.10,000/- is awarded towards food and nourishment. Accordingly, the appeal is allowed in part.
5. The claimant in total, is entitled for enhanced compensation of Rs.35,000/- with interest at 6% p.a. Cross.Objection No.731/2007
6. This Cross objection by the owner/cross objector challenging the award passed by the Additional MACT, Ranebennur in MVC No.222/2005 dated 18.06.2007. 7
7. The Tribunal directed the Insurance Company to pay 100% of the amount and then recover 50% of the same from the respondent No.1 for non-registration of the vehicle in time without proper particulars of the vehicle No.KA27/6076
8. The appellant has produced policy, which proves that the vehicle with risk coverage, as on the date of accident. Under these circumstances, the order of the Tribunal stands modified. The entire liability is fastened on the Insurance. Accordingly, the appeal is disposed of. MFA NO.12898/2007
9. Appeal by the claimant seeking enhancement of compensation awarded by Additional Civil Judge (Sr.Dn.) and Additional Motor Accidents Claims Tribunal, Ranebennur, in MVC No.221/2005 dated 18.06.2007 wherein the Tribunal has awarded compensation of Rs. 60,330/- with interest at 6% per annum.
10. It is the case of the appellant that he sustained injury in the accident i.e. occurred on 23.12.2004. The 8 Tribunal has awarded Rs.5,000/- towards pain and sufferings which is on lower side. In view of the fact that, the injured was suffered two fractures and other simple injuries. I am inclined to award global compensation Rs.25,000/- towards pain and sufferings. Hence, the appeal is allowed in part. The claimant is entitled Rs.25,000/-.
Cross objection No. 731/09
11. This Cross objection by the owner/cross-objector challenging the award passed by the Additional MACT, Ranebennur in MVC No.221/2005 dated 18.06.2007.
12. The cross-objector has produced insurance policy and it is proved that as on the date of the accident the policy the vehicle was under risk coverage. Under these circumstances, the order of the Tribunal stands modified and the entire liability is fastened on the Insurance Company.
13. The cross objection is disposed of.
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14. Amount in deposit is ordered to be transmitted to the MACT.
SD/-
JUDGE.
Rms