IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.5123 OF 2016 (MV) BETWEEN:
ABDULLA S/O REHAMATHULLA, NOW AGED ABOUT 22 YEARS, R/AT NO.14, PADARAYANAPURA, BANGALORE AND ALSO RESIDING AT MEGALAPALYA, THURIGERE POST, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT (BY SRI.RANGEGOWDA N R, ADV.) AND:
1. AJAY KUMAR K V S/O VIJAYARANGA SWAMY K G AGED ,MAJOR, NO.24, RAILWAY STATION ROAD, TUMKUR – 572 101 2. THE MANAGER BAJAJ ALLIANZ GENERAL INS. CO. LTD., GROUND FLOOR, NO.31, TBR TOWER, 1ST CROSS, NEW MISSION ROAD, NEAR BANGALORE STOCK EXCHANGE, BANGALORE – 560 027 ... APPELLANT ... RESPONDENTS (BY SRI.RAVI S SAMPRATHI,. ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:05.01.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.3.2016 PASSED IN MVC NO.6893/2013 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT,(SCCH-16), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Seeking compensation for the injuries suffered in the road traffic accident on 28th October 2013, the appellant- claimant filed claim petition on the file of the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its order dated 15th March 2016 passed in MVC No.6893 of 2013 awarded a compensation of Rs.1,74,785/-. Being not satisfied with the compensation awarded, the claimant is in this appeal.
2. The learned counsel for the appellant submits the compensation awarded by the Tribunal is on the lower side. He submits that the appellant has sustained fracture of 2nd to 5th metacarpal with dorsal dislocation of corpo digtar of left hand and other injuries for which the Tribunal has awarded compensation of Rs.25,000/- which is very meager and hence seeks enhancement. He also submits that the compensation awarded under the other heads also needs enhancement.
3. The learned counsel for the respondent-insurance company submits to dismiss the appeal. He submits that the compensation awarded by the Tribunal is just and proper and needs no interference at the hands of this Court.
4. Heard the learned counsel for the parties and gone through the order of the Tribunal. The Tribunal, considering the fact that the claimant is aged 19 years and except the discharge summary he has not produced any documents to prove his age. The tribunal has also considered the evidence of the Doctor that the fractures are united and movements of fingers are normal. In view of the fact that the petitioner has failed to produce any proof with regard to his age, the Tribunal has taken the income of the claimant notionally at Rs.6,000/- per month and awarded the compensation. The Tribunal has also awarded an amount of Rs.25,000/- towards pain and suffering; Rs.10,000/- towards attendant charges; Rs.77,760/- towards loss of income due to permanent disability; Rs.18,000/- towards loss of income during the laid of period; Rs.10,000/- towards loss of amenities and happiness. The Tribunal has also awarded Rs.34,025/- towards medical expenditure. In my considered opinion, the Tribunal has awarded reasonable compensation. Be that as it may, considering the discomforts to be undergone by the claimant for the rest of his life and also considering his age, in my considered view, suffice it if another sum of Rs.35,000/- is globally awarded and the same is awarded. Appeal accordingly stands disposed of.
lnn Sd/- JUDGE