IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE S. G. PANDIT M.F.A. NO.10958/2010 (MV) BETWEEN:
SMT. ASMA AGED ABOUT 50 YEARS W/O YOUSUF R/AT THUMBINADU NEAR G.H.S. MANJESHWARA KASAARGOD, KERALA STATE. ... APPELLANT (BY SRI.P KARUNAKAR, ADV.) AND:
1. SRI PALANI SWAMI S/O KUPPAN R/AT 7, R.C.C. COMPLEX CHAMARAJAPETE S.G.MUTT ROAD BANGALORE.
2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE 90 A THURAIYUR ROAD NAMAKAL 637 002, T. N.
3. SR. AHAMMED KABEER S/O LATE UMMARABBA AGED ABOUT 31 YEARS R/AT NAZEEMA MANZIL NEAR BARAKA, ULLAL VILLAGE MANGALORE.
4. UNITED INDIA INSURANCE CO.LTD., VARANASI TOWERS, MISSION STGREET, BUNDER MANGALORE.
... RESPONDENTS (BY SRI.S KRISHNA KISHORE, ADV. FOR R4 SRI B.C.SEETHARAMA RAO, ADV. FOR R2 R1-NOTICE D/W V/O DT:16/02/2016 R3 IS SERVED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.05.2010 PASSED IN MVC NO.773/2007 ON THE FILE OF MEMBER, MACT-IV & III ADDITIONAL DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE, 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:
JUDGMENT The appellant not being satisfied with the quantum of compensation awarded by the Tribunal and assailing the judgment and award dated 27.05.2010 passed in M.V.C.No.773/2007 on the file of Member, MACT-IV and III Additional District Judge, Dakshina Kannada, Mangalore, is before this Court in this appeal.
2. The appellant/claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by her in a road traffic accident, which occurred on 01.04.2007. It is stated that while the petitioner was traveling as passenger in an autorickshaw bearing Reg.No.KA-19B- 3859 to go to Talapady, at that time on N.H.17 a Gas Tanker bearing Reg.No.KA-01-7209 came in a rash, negligent manner and dashed to the auto. It is stated that the petitioner sustained laceration of right occipital area 5 x 1 cm and swelling of right wrist with fracture of fore arm bone. The Insurance Company resisted the claim by filing objections. It contended that the accident occurred solely due to the rash and negligent driving of the autorickshaw. The Tribunal based on the material on record awarded compensation of Rs.66,400/- to the claimant on various heads, which is as follows :-
1. Pain and agony - Rs.20,000/-
2. Loss of income during treatment - Rs. 6,000/-
3. Medical expenses - Rs. 7,000/-
4. Loss of income on account of permanent disability - Rs.23,400/-
5. Loss of amenities and unhappiness in future life - Rs.10,000/-
Total - Rs.66,400/-
3. Heard the learned counsel for the appellant and learned counsel for respondent No.4. The learned counsel for the appellant would submit that the compensation awarded on various heads is on the lower side and submits that the claimant would be entitled for higher compensation on those heads.
4. Per contra, learned counsel for the 4th respondent would submit that the Tribunal has awarded just compensation which needs no interference.
5. The accident is of the year 2007. The petitioner’s income is taken at Rs.3,000/- per month for arriving at ‘Loss of income’. The appellant/claimant has suffered injury of laceration of right occipital area 5 x 1 cm and swelling of right wrist with fracture fore arm bones and the appellant was inpatient for six days. The Doctor has assessed the disability at 5%. The claimant was aged 47 years. Looking into the injuries suffered and as the claimant was inpatient for six days, I am of the view, that claimant would be entitled for additional sum of Rs.10,000/- on the head ‘Pain and suffering’ , and a sum of Rs.6,000/- on the head ‘Loss of income during treatment’ and a sum of Rs.20,000/- on the head ‘Loss of amenities’.
6. Accordingly, the appeal is partly allowed. The impugned judgment and award is modified and the claimant is entitled for enhanced compensation of a sum of Rs.36,000/- in addition to the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of deposit.
Sd/- JUDGE NG* CT:bms