IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS M.F.A. NO.1409 OF 2012 (MV) BETWEEN:
MR. ANKIT SHAH S/O SHARAD SHAH, AGED ABOUT 26 YEARS, R/A NO.A-403, CASA ANSAL APARTMENT, B.G.ROAD, J.P.NAGAR, 3RD PHASE, BANGALORE-76.
... APPELLANT (BY SRI. KALYAN R., ADVOCATE ) AND:
1. THE ROYAL SUNDARAMA ALLIANCE INSURANCE COMPANY LTD. MANGALYA PURABHAV, 2ND FLOOR, NO.132, BRIGADE ROAD, BANGALORE-560025.
2. M/S MANAGING DIRECTOR PRERANA MOTOR PVT. LTD., NH-7, B.B.ROAD, KIADB INDUSTRIAL AREA. PLOT NO.3, CHIKKABALLAPURA DISTRICT.
... RESPONDENTS (BY SRI. P.B. RAJA, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED:20.9.2011 PASSED IN MVC NO.4860/2010 ON THE FILE OF MACT, XX ADDITIONAL JUDGE & XVIII ACMM, BANGALORE, 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:
J U D G M E N T R. DEVDAS J., (ORAL):
The appellant/petitioner in M.V.C. No.4860/2010 on the file of MACT, XX Additional Judge & XVIII ACMM, Bengaluru, is before this Court seeking enhancement of compensation awarded by the Tribunal. The appellant was the pillion rider on the scooter, which was involved in the accident. The vehicle in which the appellant was traveling met with an accident involving a TATA Mobil bearing registration No.KA-40-2728.
2. The learned counsel for the appellant submits that the Tribunal fell in error in suspecting that the appellant sustained simple injuries and disbelieved the evidence on record including the oral evidence of the Doctor, PW-3. Learned counsel for the appellant submits that Ex.P18 are two x-rays, dated 26.11.2010 and 08.08.2011. The accident occurred on 13.04.2010 and the appellant was admitted as inpatient in Fortis Hospital from 13.04.2010 to 16.04.2010. The reason for the suspicion in the mind of the Tribunal was that x-rays were taken on 26.11.2010 and 08.08.2011, while the accident had occurred on 13.04.2010. Learned counsel further submits that the medical bills were also not taken into consideration on the premise that the appellant had suffered only simple injuries.
3. Learned counsel for the respondent- Insurance Company, seeks to justify the judgment and award passed by the Tribunal. But the fact remains that material evidence i.e., the x-rays, the fact that they were taken about 7 months after the accident and the medical bills along with the fact that the appellant was an inpatient in a reputed hospital, which is Fortis have not been properly appreciated by the Tribunal.
4. On hearing the learned counsels and on perusing the pleadings and lower court records, it is seen that the appellant has produced records for having been an inpatient in Forties hospital, Bannerghatta road, Bengaluru. The appellant was also treated by PW- 3, Doctor along with Sanjay Pai and team of doctors who performed surgery on 14.04.2010 i.e., open reduction and internal fixation of fracture, left fibula with plate and screws and he was discharged on 16.04.2010 and he had to take follow up treatment as out patient.
5. The treating Doctor has entered witness box and spoken about the treatment he gave to the appellant. The evidence of the Doctor is further substantiated by production of the hospital reports, x- rays and medical bills. In the light of the evidence on record, the Tribunal could not have disbelieve the version of the appellant.
6. The Tribunal having come to conclusion that the appellant sustained simple injuries over his left fibula, awarded compensation of Rs.15,000/-as global compensation, Rs.5,000/- towards medical expenses and Rs.4,000/- towards transporting charges. In all, the Tribunal has awarded compensation of Rs.24,000/-
, which is clearly meager in the facts and circumstances of the case.
7. The appellant has produced medical bills at Ex.P10 & 15, which would add upto Rs.57,089/-. The Tribunal has not awarded anything towards loss of amenities, pain and suffering, food and nourishments and incidental expenses.
8. The compensation towards the medical expenses and other heads as stated above is determined at Rs.1,00,000/-.
9. As a result, the compensation is enhanced to Rs.1,00,000/- other than a sum of Rs.24,000/-, which was already awarded by the Tribunal.
10. The respondent-Insurance Company is hereby directed to pay the enhanced compensation along with interest at the rate of 6% p.a, within a period of eight weeks from the date of receipt of certified copy of this order.
11. The appeal is partly allowed. The judgment and award dated 20.09.2011, passed by the XX Additional Judge & XVIII ACMM and Member, MACT, Bangalore, in M.V.C.No.4860/2010, is hereby modified accordingly.
SD/- JUDGE DL