IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY MFA NO.7049/2015 (MV) BETWEEN:
Anilkumar S/o Mayanna Aged about 17 years Minor, Represented by next friend Guardian father Mayanna R/o Javanahalli Village Dudda Hobli, Mandya-Tq, Mandya-Dist.
(By Sri L.Raja, Advocate) AND:
1. H.K.Mohankumar S/o Krishnegowda Major, R/o No.23, Honakere Village & Hobli, Nagamangal-Tq, Mandya-Dist.-571 401.
2. The Branch Manager Sriram General Insurance Co. Ltd., No.5/5M 3rd Floor, Monark Church, Infantry Road, Bangalore-1.
... Appellant ... Respondents (By Smt. Vinoda B.C., Advocate R-1;
Sri H.N.Keshava Prashanth, Advocate for R2) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 29.6.2015 passed in MVC No.1630/2012 on the file of the II Additional Senior Civil Judge, Additional MACT, Mandya, partly allowing the claim petition for compensation and seeking enhancement of Compensation.
This MFA coming on for hearing this day, the Court delivered the following:
JUDGMENT This appeal is filed by the claimant/appellant challenging the judgment and award dated 29.6.2015 passed in MVC No.1630/2012 on the file of the MACT, Mandya.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.40,000/- with interest at 9% per annum from the date of petition till realisation.
3. There is no dispute with regard to the injuries sustained by the claimant in the road traffic accident occurred on 26.04.2011 at about 1.30 p.m. due to the rash and negligent driving of Tata Ace goods auto bearing registration No.KA-54/1585 and also the involvement of the vehicle and liability. Hence, the appeal is confined to the quantum of compensation.
4. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence, it is required to be enhanced.
5. As per wound certificate Ex.P-5, the claimant has sustained lacerated wound over the right side of the forehead measuring 3x1 cms with fresh bleeding, abrasion over the right and left side of the knee, abrasion over the posterior aspect of right elbow measuring ½ X ½ cm. The injuries sustained by the claimant is evident from the discharge summary at Ex.P-10, medical bills and prescriptions at Ex.P-7 to 9 and supported by oral evidence of the claimant examined as PW-2. The claimant has not examined the doctor regarding disability. Therefore, considering the nature of injuries sustained by the claimant, global compensation of Rs.30,000/- is awarded in addition to Rs.40,000/- awarded by the Tribunal.
6. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.30,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
7. The Insurance Company is directed to deposit the additional compensation amount together with interest within four weeks from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimant.
Sd/- JUDGE VMB