IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY MFA NO.5725/2017 (MV) BETWEEN:
Mr. Basavarajappa S/o Mr. Sanna Siddappa Aged about 56 years R/at Kyarakatte Village Harapanahalli Taluk Davanagere District - 583 131.
(By Sri B. Keshava Murthy, Advocate) AND:
1. Mr. Karibasappa S.M. S/o Mr. Maheshappa Major in age, R/at Devarabellakere Village Harihara Taluk Davanagere District-577 601.
2. Mr. Basavanakote Prakasha S/o Mr. Mahalingappa Major in Age, R/at Kanchikere Village Harapanahalli Taluk Davanagere District-583 131.
... Appellant 3. M/s. United India Insurance Co. Ltd., Branch Office No.34/3, MMK Complex, Akka Mahadevi Road, P.J. Extension, Davanagere-577 002.
Rep. by its Manager.
... Respondents (By Sri Ravish Benni, Advocate for R-3; R1 and R2-Notice dispensed with vide order dated 12.10.2017 ) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 22.04.2017 passed in MVC No.606/2016 on the file of the Senior Civil Judge and MACT-IX, at Harapanahalli, partly allowing the claim petition for compensation and seeking enhancement of Compensation.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT This appeal is filed by the claimant/appellant challenging the judgment and award dated 22.4.2017 passed in MVC No.606/2016 on the file of the MACT, Harapanahlli.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.1,98,340/-
with interest at 6% per annum from the date of petition till realisation.
3. There is no dispute with regard to the injuries sustained by the claimant in the road traffic accident occurred on 26.05.2016 at about 3.00 p.m. due to the rash and negligent driving of Star City Plus motor cycle bearing registration No.KA-17/ER-8107 and also the involvement of the vehicle and liability. Hence, the appeal is confined to the quantum of compensation.
4. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence, it is required to be enhanced.
5. As per wound certificate Ex.P6, the claimant has sustained fracture of left ankle region of left leg. The injuries sustained by the claimant are also evident from the discharge summary Ex.P-8, medical bills and prescriptions Exs.P-10, P-11, X-ray films Ex.P-12 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2, doctor in his evidence has stated that the claimant has suffered permanent physical disability of 40% to the whole body. Therefore, considering the nature of injuries sustained by the claimant, global compensation of Rs.80,000/- is awarded in addition to Rs.1,98,340/- awarded by the Tribunal.
6. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.80,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
7. The Insurance Company is directed to deposit the additional compensation amount together with interest within four weeks from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimant.
Sd/- JUDGE VMB