IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCELLANEOUS FIRST APPEAL NO.20 OF 2016 (MV) BETWEEN:
B.C.RANJIT KUMAR, S/O B.T.CHANDRASHEKAR, AGED ABOUT 25 YEARS, RESIDING AT SRI GAJANANA KRUPA, NO.270/A, 11TH CROSS, KANCHAGHATTA MAIN ROAD, KANCHAGHATTA NEW EXTENSION, TIPTUR TOWN – 572 201.
...APPELLANT (BY SRI SHANTHARAJ.K, ADVOCATE(ABSENT)) AND:
1. THE MANAGER, KSRTC, DEPOT SHIMOGA, SHIMOGA DISTRICT – 577 201.
2. THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE, K.H ROAD, SHANTHINAGAR, BANGALORE - 560027 ...RESPONDENTS (BY SRI ABHIJIT, ADVOCATE FOR SRI. B.L.SANJEEV, ADVOCATE FOR R2; NOTICE TO R1 D/W ) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.08.2015 PASSED IN MVC NO.1418/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT None appears for the appellant. Since LCR is already available, this Court proceeds to dispose of this matter by looking into the appeal memo and the LCR which is available on record.
2. The claimant in MVC.No.1418/2012 on the file of the Senior Civil Judge and XIV MACT, Tiptur, has come up in this appeal seeking enhancement of compensation for the injuries suffered in a road traffic accident dated 17.08.2012. The records would indicate that on the aforesaid date, when the claimant and his friend were traveling on a Motorcycle bearing Reg.No.KA-44-J-7128 on NH-206 near Kotanayakanahalli, the KSRTC bus bearing Reg.No.KA-17-F-1249 came in a rash and negligent manner and dashed against the motorcycle in which the claimant and his friend were traveling.
3. The accident involving the aforesaid two vehicles is not in dispute. It is also not in dispute that in the accident, claimant suffered injuries as could be seen from Ex.P-7 – wound certificate, wherein the injuries suffered are abrasion of 3x3 cms on right parietal region of head, linear abrasion of 2x2 cms on left parietal region of head, tenderness in scrotum on right side and abrasion of 3x3 cms on right dorem of foot. The Medical Officer of Government Hospital, Tiptur, who has issued wound certificate at Ex.P-7 would indicate that the said injuries are simple in nature. In the claim petition which is filed, the petitioner would rely upon several documents to demonstrate that he has suffered serious injuries and he has spent lot of money on treatment and other things.
4. When the material available on record is reconsidered, the grounds urged in the appeal memo are not supported by any finding of the Tribunal where on appreciation of the evidence, the Court below has felt that the injuries suffered is simple in nature and accordingly, compensation is awarded in a sum of Rs.32,256/- payable with interest at 6% p.a., which is sought to be challenged in this appeal seeking enhancement of compensation.
5. On going through the grounds of appeal as well as the findings, this Court is of the opinion that the claimant-appellant has neither suffered disability nor injuries as stated, which requires reconsideration by this Court.
Accordingly, appeal is dismissed.
Sd/- JUDGE Sd/- JUDGE CA