IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.1259/2015 [MV] BETWEEN:
ADITHYA S.D S/O S S DAYANANDA AGED ABOUT 11 YEARS SHIRAHA VILLAGE BEMBLUR POST KODLIPET HOBLI SOMVARPET TALUK- 577 203.
SINCE MINOR REP. BY HIS FATHER AND NATURAL GUARDIAN S S DAYANAND S/O SOMAIAH AGED ABOUT 30 YEARS PRESENTLY R/AT VIJAYA NAGAR EXTENSION KASABA HOBLI, HASSAN-573 201. ... APPELLANT (BY SRI. GIRISH B BALADARE, ADV.) AND:
1. THE MANAGER THE ORIENTAL INSURANCE CO.LTD., S S COMPLEX SUBHASH SQUARE HASSAN -573 201.
2. B A SHARATH S/O APPASWAMY GOWDA AGED ABOUT 35 YEARS BASAGULA VILLAGE CHANGADIHALLI POST SAKALESHPURA TALUK HASSAN -573 201.
... RESPONDENTS (BY SRI.H C VRUSHABHENDRAIAH, ADV. FOR R1 R2-NOTICE D/W V/O DT:10/08/2015) THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.10.2014 PASSED IN MVC NO.1406/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The minor appellant/claimant is before this Court seeking enhancement of compensation awarded under the judgment and award dated 07.10.2014 passed in MVC No.1406/2011 on the file of II Additional Senior Civil Judge and MACT, Hassan.
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the injuries sustained in the Road Traffic Accident that occurred on 19.06.2011 when the claimant was going along with his father by walk near Shiraha Village, Kodlipet Hobli, Somvarpet Taluk, at that time, a Motor Bike bearing Reg.No.KA-51-H-9839 came in a rash, negligent manner and dashed against the minor claimant. As a result, he fell down and sustained injuries. It is also stated that the claimant was assisting his parents in agricultural work.
3. On issuance of summons, the 2nd respondent – Insurance Company appeared before the Tribunal and filed its objection denying the claim averments. It is also stated that on account of negligence on the part of the claimant, the accident occurred. The claimant examined himself as PW.1 and got marked the documents Exs.P.1 to P.10. The respondent was examined as RW.1 and got marked the document Ex.R.1 – the Authorization letter. The Tribunal on assessing the material on record awarded compensation of Rs.50,000/- on the following heads :-
“1. Injury, pain and sufferings 20,000-00 2. Medical expenses, conveyance, nourishment and attendance 20,000-00 3. Loss of comfort and amenities 10,000-00 Total Rs.50,000-00 Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant is before this Court in this appeal praying for enhancement of compensation.
4. Heard the learned counsel for the appellant and learned counsel for the 1st respondent – Insurance Company. Perused the entire material on record.
5. The learned counsel for the appellant would submit that the claimant has suffered fracture of left femur and fracture of left tarsal bone. Looking into the injuries suffered and the treatment taken by the claimant as inpatient for 20 days, the compensation granted on head pain and suffering and loss of amenities is on the lower side. Further he submits that though the claimant was inpatient for 20 days, compensation is not awarded on the head of conveyance and nourishment. Thus he prays for enhancement of compensation.
6. Per contra, the learned counsel for the 1st respondent – Insurance Company submits that the Tribunal has awarded just compensation and needs no interference.
7. Having heard the learned counsel for the parties and on perusal of the material on record, I am of the view, that the claimant would be entitled to marginal enhancement of compensation. Ex.P.6 is the wound certificate. The wound certificate indicates that the claimant has suffered swelling deformity of Left Thigh, abrasion over right Buttock and swelling and pain of left foot, X-ray of left thigh shows fracture of left femur and X-ray of left foot shows fracture of left tarsal bone. The grievous injuries suffered by the claimant are fracture of left femur and fracture of left tarsal bone. The claimant has produced case sheet as Ex.P.8, wherein it is stated that the claimant was inpatient for 20 days. Looking into the nature of injuries and the treatment taken by the claimant as inpatient for 20 days, the claimant shall be entitled for enhancement of compensation on the head pain and suffering and on the head loss of amenities. Further the Tribunal has not awarded compensation on the head conveyance and nourishment, which he would be entitled to. Thus the claimant would be entitled to enhanced compensation on the following heads:-
8. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified and the claimant is entitled to enhanced compensation of a sum of Rs.80,000/- as against Rs.50,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms