Karnataka High Court
MFA/102811/2017 of SHRI.SHIVAPUTRAPPA S/O BASAPPA SHIVAKKANAVAR Vs SURESH S/O HANAMANTAPPA KATAGERI on 11 July 2026
COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF MAY 2018 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR MISCELLANEOUS FIRST APPEAL NO.102811/2017 (MV) BETWEEN: SHRI SHIVAPUTRAPPA S/O BASAPPA SHIVAKKANAVAR AGE: 51 YEARS, OCC: MOTOR WINDING & AGRICULTURE, R/O: ALADAKATTI
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30T H DAY OF MAY 2018
BEFORE
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR
MISCELLANEOUS FIRST APPEAL NO.102811/2017 (MV)
BETWEEN:
SHRI SHIVAPUTRAPPA
S/O BASAPPA SHIVAKKANAVAR
AGE: 51 YEARS,
OCC: MOTOR WINDING & AGRICULTURE,
R/O: ALADAKATTI VILLAGE,
TQ: RANEBENNUR-581115, DIST: HAVERI.
... APPELLANT.
(BY SRI MADANMOHAN M KHANNUR, ADVOCATE.)
AND:
1.
SURESH S/O HANAMANTAPPA KATAGERI
AGE: MAJOR, OCC: BUSINESS,
R/O: AGADI, TQ & DIST: HAVERI-581115.
2.
THE MANAGER LEGAL
ICICI LOMBARD GENERAL
INSURANCE CO. LTD.,
2N D FLOOR, BELLAD & COMPANY LTD,.
GOKUL ROAD, HUBBALLI-580030.
3.
MANAGER,
M/S.BELLAD ENGINEERS PVT. LTD.,
DISTRIBUTORS FOR TATA MOTORS
COMMERCIAL VEHICLE DEALER,
BELLAD CHAMBERS III, UNKAL CROSS,
HUBBALLI-5800026.
4.
BASAVARAJ
S/O.VEERAPPA GACHINAMANI
AGE: 49 YEARS, OCC: BUSINESS & OWNER
R/O. ANJANEYA TEMPLE, HALAGERI,
TQ: & DIST: RANEBENNUR-581115.
5.
MR.RANGANATHASA R. KATHARE
H.NO.199, WARD NO.2, BLOCK NO.2,
H.B.HALLI-583212, DIST: BELLARY.
6.
DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO. LTD.,
LEA COMPLEX, KESHWAPUR,
HUBBALLI-580023.
... RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE M.V.ACT, PRAYING TO
ENHANCE THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD DATED 4.4.2017, IN MVC
NO.294/2014, PASSED BY THE ADDL. SENIOR CIVIL
JUDGE AND ADDL. MACT, RANEBENNUR AND TO
AWARD THE COMPENSATION AS CLAIMED IN THE
CLAIM PETITION, ETC.,.
THIS APPEAL COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal against the judgment and award dated 4.4.2017, in MVC No.294/2014, on the file of Addl. Senior Ciivil Judge and Addl. MACT,
Ranebennur, is presented belatedly. The tribunal while considering the case of the claimant has recorded as follows. “[i] Towards pain and suffering:-
The first medical record that is relied upon by the petitioner is wound certificate, which is marked at Ex.P-35 which reveals the nature of injuries sustained by him as follows;
1. Tenderness in the lower back area. Doctor has opined that, the said injuries (sic are) simple in nature. These injuries are further reflected in medical bills and in other documents. Considering the above aspect I am of the opinion that, PW.1 is entitled for reasonable compensation of Rs.5,000/- towards pain and suffering.”
2. The wound certificate issued by the doctor shows that the claimant has suffered tenderness in the lower back area. There are no supporting medical documents to show the specific injury if any the claimant has suffered.
3. In the absence of any medical evidence, in my considered view, the quantum of compensation awarded by the tribunal does not call for any interference. The appeal being devoid of merits, no purpose would be served in condoning the delay in filing the appeal. Resultantly, I.A.No.1 of 2017 is dismissed. Consequently the appeal is also dismissed. No costs.
Sd/- JUDGE
Mrk/-