IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MFA No.45 OF 2016 BETWEEN AASHITHA V. KOUSHIK, D/O K. VISWANATH, AGED 22 YEARS, R/AT # 1131, 1ST FLOOR, 18TH CROSS, 24TH MAIN, NEAR KIMS COLLEGE, BSK II STAGE, BENGALURU SOUTH, BENGALURU -560 070.
... APPELLANT (BY SRI. D S SRIDHAR, ADV.,) AND 1. CHANDRIKA K.S, D/O GOPAL RAO, MAJOR, R/AT NO.17, III CROSS, SRIRAMPURAM, BENGALURU-560 021.
2. THE GENERAL MANAGER, M/S. RNS MOTORS, NO.2275, TUMKUR ROAD, YESHWANTHPUR, BENGALURU-560 022.
3. RAJU SHAH, MAJOR, FATHERS NAME NOT KNOWN TO THE APPELLANT, R/AT NO. 536/35, 9TH MAIN, II BLOCK, RAJAJINAGAR, BENGALURU-560 010.
(BY SRIYUTHS. RAMESHA M.N, &; UDAYA KUMARA.G, ADVs FOR R1;
... RESPONDENTS SRI.B.S.ARAVINDA BABU, ADV., FOR R2; SRI.K.V.SHYAMAPRASADA, ADV., FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.09.2015 PASSED IN MVC NO.6272/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES & MEMBER, MACT (SCCH-15), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel for the appellant and the learned counsel for the respondents, perused the records.
2. The injured-claimant has preferred this appeal, being not satisfied with the quantum of compensation awarded in the impugned judgment dated 26.09.2015, passed by the Court of Small Causes (SCCH-15) and MACT, Bengaluru, in MVC no.6272/2013, seeking enhancement of compensation.
3. The facts of the case are that on 27.09.2012 at about 8.30 a.m., when the injured-claimant was standing by the side of the road near Raghuvanahalli Bus Stop, a Maruti Car bearing registration no KA-02/M 7381 came in high speed, driven in a rash and negligent manner dashed against him and he sustained grievous injuries.
4. The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the driver of the offending vehicle and consequently awarded global compensation of Rs.1,50,000/- with interest at 8% per annum from the date of petition till the date of realization.
5. The learned counsel for the appellant vehemently submitted that the compensation awarded by the Tribunal is on lower side and prays for enhancement of the compensation.
6. Per contra, the learned counsel appearing for the respondents submitted that the tribunal, on appreciation of the evidence and material on record has rightly awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal.
7. On perusal of the records, it is seen that the injured-appellant sustained permanent physical impairment to the upper limb to an extent of 20% and she has sustained 7% disability to the whole body. Having regard to the nature of injuries, period of treatment and consequential disability, we are of the considered opinion that the interest of justice would be met if global compensation of Rs.30,000/- is awarded in addition to the amount awarded by the Tribunal.
8. Accordingly, the appeal is allowed in part. In modification of the impugned judgment and award dated 26.09.2015 passed by the Court of Small Causes (SCCH-15) & MACT, Bengaluru, in MVC No.6272/2013, the compensation payable to the claimant is enhanced from Rs.1,50,000/- to Rs.1,80,000/- The enhanced compensation would come to Rs.30,000/-. However, the impugned judgment and award, in so far as it relates to the rate of interest, liability and deposit is concerned, the same remains unaltered.
There shall be no order as to the costs. Office to draw the decree accordingly.
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ACTING CHIEF JUSTICE Np/-
Sd/- JUDGE