Y T Govindappa v. Sangamesh Walikar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 700 OF 2021 (MV-I) BETWEEN:

Y.T. GOVINDAPPA S/O THIMMAIAH, AGED ABOUT 51 YEARS, AGRICULTURIST, R/O HALEPETE, BEHIND JAIN TEMPLE STREET, KADUR TOWN, CHIKKAMAGALUR DISTRICT. …APPELLANT (BY SRI. MOHAN K.N., ADVOCATE) AND:

¶1SANGAMESH WALIKAR, S/O SHANMUKAPPA, AGED MAJOR, R/O ARUSANABI VILLAGE, NAGARABETTA POST, MUDDEBIHAL TALUK, BIJAPUR DISTRICT.

¶2M/S S.R.C. INFRASTRUCTURE, PROPRIETOR: SATHISH H.K. SHETTY, AGED ABOUT 54 YEARS, NO.5, SHOP NO.1, KAMBANNA GARDEN, NOW SRS ROAD, 2ND MAIN, PEENYA 1ST STAGE, BANGALORE-560 058.

Location: HIGH COURT OF KARNATAKA NC:(2025:KHC:52302( MFA(No.(700(of(2021( ( , ,,HC-KAR( ( (

3., THE,GENERAL,MANAGER,, M/S,ROYAL,SUNDARAM,, GENERAL,INSURANCE,CO.,LTD.,,, VISHRANTI,MELARAM,TOWERS,, NO.2/319,,RAJIV,GANDHI,SALAI,OMR), KARAPAKKAM,, CHENNAI-600,002., …RESPONDENTS, (BY,SRI.,C.R.,RAVISHANKAR,,ADVOCATE,FOR,R3,, ,,,,,,VIDE,ORDER,DATED,05/09/2024,,, ,,,,,,NOTICE,TO,R1,DISPENSED,WITH,, ,,,,,,R2,SERVED,AND,UNREPRESENTED), , , THIS,MFA,IS,FILED,U/S.173(1),OF,MV,ACT,,AGAINST,THE, JUDGMENT, AND, AWARD, DT.14.02.2020, PASSED, IN, MVC, NO.243/2019, ON, THE, FILE, OF, THE, II, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, MACT,, CHIKKAMAGALURU,, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING,ENHANCEMENT,OF,COMPENSATION., , , THIS, APPEAL,, COMING, ON, FOR, FINAL, HEARING,, THIS, DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,UMESH,M,ADIGA, , ORAL(JUDGMENT( , This, appeal, is, filed, by, the, claimant, challenging, the, judgment, and, award, dated, 14.02.2020, passed, by, the, , II, Addl.Senior,Civil,Judge,and,MACT,,Chikkamagaluru,(for,short, `Tribunal'),,,in,MVC,No.243/2019,,seeking,enhancement,of, compensation.,,

¶2For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

¶3The brief facts of the case are that, on

24.11.2019 at about 2.30 pm, the petitioner while riding his new un-registered Honda Activa/5G met with an accident due to rash and negligent driving of Tipper bearing registration No.KA-41/C-2469 sustained injuries. Due to which he suffered fracture of right hand and has suffered permanent disability. With these reasons, the claimant has prayed for awarding of compensation.

¶4The respondent No.1 was the driver, respondent No.2 was the owner and respondent No.3 was the insurer of the offending tipper. Respondents appeared and filed their respective written statement. Respondent Nos.1 and 2 have denied petition averments. They have contended that it was insured with Respondent No.3 and it is liable to pay compensation. Respondent No.3 - Insurer denied the petition averments and denied its liability to pay compensation. With these reasons, it prayed to dismiss the claim petition.

¶5From the rival contentions of the parties, the Tribunal framed necessary issues.

¶6The Tribunal recorded the evidence and after hearing both parties by the impugned judgment held that accident was caused due to negligence of Tipper driver and awarded the following amount of compensation: Particulars Amount in Rs. Expenses relating to treatment and hospitalization and medicines 2,45,140 Nourishment diet, food and attendant charges 6,000 Pain and suffering 40,000 Conveyance charges 20,000 Loss of future earning on account of permanent disability 2,40,174 Loss of amenities 30,000 Loss of income during laid up period 3,000 Towards injuries 40,000 Future surgery 1,50,000 Total Rs.7,93,314

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

¶7Heard the arguments of the learned counsel appearing for the claimant as well as the insurer.

¶8The fact of the accident, injuries sustained by the claimant, liability of the insurer are not in dispute. Hence no need to reconsider.

¶9Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation.

¶10Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal.

¶11On re-appreciation of the materials available on record and in view of the undisputed facts of the accident and injuries sustained by the claimant, it shows that the

compensation awarded under the head special diet, attendant charges, loss of income during treatment and amenities are on the lower side, which requires enhancement.

¶12Considering all these facts and re-appreciating the materials the claimant is entitled to enhancement of global compensation of Rs.25,000/- with interest @ 6% per annum from the date of the claim petition till its realisation.

¶13In the result, I proceed to pass the following: ORDER

i) The Appeal is allowed.

ii) The judgment and award dated

14.02.2020 passed by the II Addl.Senior Civil Judge and MACT, Chikkamagaluru in MVC No.243/2019 stands modified;

iii) The claimant is entitled to enhancement of global compensation of Rs.25,000/- with interest at the rate of 6% p.a., from the date of petition till its realization.

iv) The respondent No.3-Insurance Company shall deposit the amount within a period of six weeks from the date of award.

v) The remaining portion of the award of the Tribunal shall remain unaltered.

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

vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal.

Sd/- (UMESH M ADIGA) JUDGE

AG:List No.: 1 Sl No.: 30