Chandrappa S/O Keshappa … vs Mahadevappa M Angadi on 21 August, 2009

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH

AT DHARWAD 

DATED THIS THE 2218? DAY OF AUGUST 2009 T T 'V-/

PRESENT

THE HON'BLE MR. JUSTICE' N.'KUIv:AR.a   

AND V

THE HONBLE MRJUSTICE B'.SjREEN.IVV'ASE.AGOW]3'A' 

M.F.A. NaI.V_833BI'¢£é00'sAI__

Between:

SR1 CHANDRAPPA, *    ..
S /0 KESHAPPAI'LA}:MEi?s}'iWAR.
AGED ABOUT 3I7IYE'AR.IS;«,%   1 ;
PEON IN ANTAR'V_ALLI'H'ICrH_SCHQOL
R/O JALAGAR DNI, RA.NEBE',N«NUR
I-IAVERI DISTRICT " '  ..Appe11aa:1t
(Bjz'S_ri LAXMAN T MANTA.GANI, SR1 P.M.MOGALI 85 M /S
M¥LAR1.§I_IAH ASSOCIATES, ADVOCATES)

AndI 

 I MAH'AD§Vr'$5l5A M ANGADI

x_MAJOR '

 I RESIDING NEAR BUS STAND

% ~!fB.yA'DAGI, HAVERI DIST

  THE BRANCH MANAGER
_ ~ -UNITED INDIA INSURANCE COMPANY



LIMITED, P.}3.ROAD ; 
NEAR BUS STAND, HAVERI .. RESPONDENTSV 

(By M/S M G GAIDAGOLI 85 M.U.POONACI-EA, ADvo<_:.-A"fEs'.';=f€j'a..§r _

R~2, NOTICE TO R1 IS DISPENSED WITH)

This miscellaneous first appeal isCfi1ed"u.,/ s. 1-':'r'3{1}._oVf'1VIV 
Act against the judgment and award 'defe'nedant.»._ 
passed in MVC No.352/1998 on the f1le7..of'Vthe learned' Addl, '
Civil Judge (Sr.Dn.) 85 AMACT, Ranebennur; -partly' allowing the
aPI3€a1 and etc.     

This appeal coming onvfoii.-this day, Ndiumar
J., delivered the following: i *  "   

= __flnGIv1!é:rI*_1: l 
This is a   __«--se'el;in;gWlenhancement of

compensation for pers'ona1«.injt_iries .s1:.stained in a motor vehicle
accident. For the lpurpose" ofeoiivenience, the parties will be
referred to as" they are referred to in the claim petition.

 MVC No. 352/ 1998 Chandrappa was a

vV',--;plillion rider orgfialjiagi M--80 motorcycle bearing No.KA--2'7/E~287.

l lléwwhlenphiithes_.said~rnotorcyc1e came near the garden of one Nagalur

 _' As1l_1n'di4Ranebennur road, Mahindra Maxi cab bearing

  / 2323 driven in a rash and negligent manner by its



driver dashed against the bajaj motorcycle. On account o_f_.__the

accident both the rider of the motorcycle and the pillion u

down, sustained grievous injuries, the motor-ucyc1e_l'"w'as"e'

completely damaged. Immediately the  

C.G.Hospita1, Davangere. Subsequentlyliitheyihlaveibgeen 
to Shivakrupa Hospital at Hubli  
claimant was working as a Peon in *highEschool.
Therefore, he preferred a  claiining.Vcompensation

for the injuries sustained.._ Eiéeniitfie e_ofi'th.el'i1notorcycle also

has preferred"l'a iifpetitionvl  compensation. The
owner of thellmotor  a claim petition. seeking
damages. The owner-ofl cab did not appear before the
Court.  he was...placed ex parte. The 2% respondent"

insi.tran;ce = contested the claim by filing a detailed

 =..ob3'ection  However, they did not dispute the accident

_4i_i':a.o4r the insurance coverage. The Tribunal framed four issues. It

'~fra.i:ried. four issues in the connected two cases and clubbed

V" i.fallp_"'theil;three petitions and posted for common trial. The



claimant was examined as PW--2. He also examined PW-4..._ijr.

S.M.Duggani. They produced in all 147 documents 

marked as exhibits--»P1 to P147. On behalf of 

company an official of the insurance COIl1pAEi1'iy'WEtS exa1nined.:fls"i'...

RW--»1. Through him exhibits--R1 and R2 xtieteéeetrked .    

3. T he Tribunal on consideration --the_ aforelsairloral and
documentary evidence on record l11.eld»'  'raccident was on

account of the rash .Vandv..neg_li;_hospital."T1r1e_reafter, he was on leave for 15 days.

Therefore} =award  1,500/-- on the aforesaid head is meagre

 ...._aVV_1;;v.d weaward  sum of Rs. 1,ESOO/ -- on the aforesaid head.

 he wasia_nvin--patient, his famiiy members have attended

«i_'_onA__liirn_tr'avelling from their native place to the hospital. No

' -Viconipensation towards conveyance, nourishment and attendant



8-

charges has been awarded and therefore, we award a sum of

Rs.5,000/-- under the aforesaid head. Having regard tciythe

nature of injury, coupied with the fact that the 

taking treatment, no provision is made for future.' rriedica1'*-- fut1.1,r5e.'::n1:edi'oai~ it

expenses. When compensation is n'ot._dgranted~.onetheiihead of
loss of future income / permanent disAabi1:it3%._b,u't--.the Clairnant has
to put up with disability through'o1_it life  award of a

sum of Rs.10,G0'0  ofi'f'utu;re amenities is on the
lower side andwe,  Rs.15,000/-- in addition to
what is awardedmlnder  aioresaid head, the claimant is
therefo're  to 1is."4«1...,5G'O/- as additional compensation in

additi.on.w.to  awarded by the Tribunal. It has' to be

.?T'Q_bserVed .that thdinterest awarded is 6 per cent per annum.
_ The prevailingiiirate of interest in the year 1997 was 8 per cent

  Therefore, the Tribunai was not justified in

./

i_,,/



awarding 6 per cent per annum. In that View of the rnatter, we

pass the following order:

(a) The appeal is allowed in part.   

(b) In addition to what has 

Tribunal, we award a  of    as
additional compensation.  h
(c) The compensation awiardedv  t1i'ii'e:viTIf:i'::1.V1na1 as well as

by this Cov1.1.1fi'.'   iatltivfie rate of 8 per

cent fro-:in'--.the'da~.e"iof petition till the date
of  ii   

(d) No cost's.,ii *

 .....  

Sd/–t
JUDGE