IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA No.6989 OF 2016 (MV) BETWEEN:
B. MANJUNATH, S/O. JAYAPPA, AGED ABOUT 31 YEARS, R/O. GANGANARASI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT PIN CODE – 577 601.
... APPELLANT (BY SRI. PRAKASHA H.C., ADV.) AND 1. MALLAPPA LAKKANNAVAR, S/O. SINGAPPA LAKKANNAVAR, AGED ABOUT 32 YEARS, DRIVER OF KSRTC BUS BEARING REG. NO.KA-19-F-3145, DHARMASTHALA DEPOT, R/OF TALLUR VILLAGE, SAVADATTI TALUK, BELAGAVI DISTRICT, PIN CODE – 591 240.
2. THE DIVISIONAL CONTROLLER, KSRTC, DHARMASTHALA DEPOT, DHARMASTHALA, PIN CODE – 574 216.
3. THE MANAGING DIRECTOR, KSRTC, SARIGE BHAVANA, KENGAL HANUMANTHAIAH ROAD, BENGALURU, PIN CODE – 560 027. ... RESPONDENTS (BY SRI. K. NAGARAJ, ADV. FOR R-2 & R-3 NOTICE TO R1 D/W V/O DATED 25.10.2017) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.02.2016 PASSED IN MVC NO.507/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is filed by the claimant/appellant challenging the judgment and award dated 01.02.2014 passed in MVC No.507/2014 on the file of the Senior Civil Judge and MACT, Harihar.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.78,750/- with interest at 6% per annum from the date of petition till realisation.
3. Occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The appeal is confined to the quantum of compensation.
4. The appellant having suffered two fractures and simple injury and disability of 45%, a total compensation as aforesaid was awarded by the Tribunal.
5. Learned counsel for the appellant submits that though the appellant has suffered grievous injuries and the doctor has been examined with regard to the same, the Tribunal has erred in not awarding compensation under the loss of future income. He further submits that the compensation awarded by the Tribunal on various heads is on the lower side. Hence, he seeks for enhancement of compensation.
6. Learned Counsel for the Insurance Company has supported the judgment and award and sought for dismissal of the appeal.
7. I have heard the Counsel on both sides and perused the records.
8. The appellant has sustained two fractures and simple injury due to the accident occurred and he suffered 45% of disability. He examined doctor-PW.8 to support his case. Therefore, the Tribunal has erred in not awarding compensation under certain heads. Hence, ends of justice would be met, if some global compensation is awarded. Accordingly, a sum of Rs.25,000/- is awarded as a global compensation in addition to Rs.78,750/- awarded by the Tribunal.
9. Therefore, the appellant is totally entitled for a compensation of Rs.1,03,750/- with interest at 6% p.a. from the date of petition till the date of realisation.
10. Accordingly, I pass the following :ORDER:
Appeal is allowed in part. The judgment passed by the Tribunal is modified accordingly. The claimant is entitled to withdraw the same.
Sd/- JUDGE VM