IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.2350 OF 2013 (MV) BETWEEN:
B. SANGAPPA S/O BASALINGAPPA AGED ABOUT 51 YEARS R/A BHEL COLONY PATTANAGERE SOUTH RAJARAJESHWARINAGAR BANGALORE 560 098 ... APPELLANT (BY SRI UMASHANKAR, ADVOCATE) AND:
1. BANGALORE METROPOLITAN TRANSPORT CORPORATION [B.M.T.C] REPT. BY ITS MANAGING DIRECTOR CENTRAL OFFICE K.H. ROAD, SHANTHINAGAR BANGALORE 560 002 2. M/S AMARNATH MOTOR OWNERS CO-OPERATIVE SOCIETY LIMITED NO.165, 6TH MAIN, 4TH BLOCK JAYANAGAR, BANGALORE 3. IFFCO TOKIO GENERAL INSURANCE CO., LTD NO.41, LAVELLE ROAD BANGALORE 560 001 ... RESPONDENTS (BY SRI H.N. KESHAVA PRASHANTH, ADVOCATE FOR R3 NOTICE TO R1 & 2 DISPENSED WITH ORDER DATED 10.07.2015) ---
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.10.2012 PASSED IN MVC NO.327/2008 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT For the injuries suffered in the road traffic accident that took place on 3rd August, 2007, the claimant preferred claim petition before the Motor Accident Claims Tribunal-XII, Bangalore. The Tribunal, by its judgment and award dated 12th October, 2012 passed in MVC No.327 of 2008 awarded compensation of Rs.3,80,000/-. Being aggrieved by the same, the appellant is before this Court seeking enhancement in the compensation.
2. The learned counsel for the appellant submits that the compensation awarded on all the heads is on lower side. The Tribunal has committed an error by not awarding just compensation especially under the head medical bills reimbursement. He submits that the appellant has claimed for medical bill reimbursement as per Ex.P.12 for a sum of Rs.3,53,550/- but the Tribunal has awarded Rs.94,494/- only. The Tribunal has discussed, since no one has been examined in support of the letter Ex.P.12 and it is stated medical bills are not produced for awarding compensation. He further submits the he would examine the person in support of medical reimbursement as per Ex.P.12.
3. The learned counsel appearing for the respondents submits that the Tribunal has awarded the compensation based on the oral and documentary evidence and there is no ground for interference in this appeal. Hence, he submits to dismiss the appeal.
4. I have heard the learned counsel for the parties and gone through the judgment and award. If according to the claimant the compensation awarded by the Tribunal is on lower side, it is for him to substantiate his case by producing relevant documents and evidence.
Sofaras, medical bills reimbursement is concerned, claimant has not examined the author of Ex.P.12. In the interest of justice, I hold that the matter needs to be remanded to the Tribunal reserving liberty to the appellant to examine the author of Ex.P.12. All the contentions of the parties are kept open.
Accordingly appeal is allowed and remanded.
Both the parties are directed to appear before the Tribunal, without awaiting any further notice on 03.06.2019.
Sd/-
ACTING CHIEF JUSTICE hr