IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.6643/2014 [MV] BETWEEN:
BOLAPPA S/O MARIMADAPPA AGED ABOUT 62 YEARS R/O AKKAMMANAKOPPALU VILLAGE MALAVALLI TALUK MANDYA DISTRICT NOW R/O 3RD CROSS RANGANATHA NAGARA S R PATNA TALUK MANDYA DIST.-571413.
(BY SRI.SREENIVASAN M Y, ADV.) AND:
1. K.PRIYA W/O B SRIKANTH AGED ABOUT 32 YEARS R/O NO. 627/C NEW KANTHARAJE URS ROAD KUVEMPU NAGAR MYSORE-570023.
2. THE BRANCH MANAGER UNIVERSAL SAMPO GENERAL INSURANCE CO. LTD., ...APPELLANT SARASWATHIPURAM BRANCH MYSORE-570019.
…RESPONDENTS (BY SRI.H N KESHAVA PRASHANTH, ADV. FOR R2 R1-NOTICE D/W V/O DT:13.11.2014) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.07.2014 PASSED IN MVC NO.142/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant/claimant is before this Court not being satisfied with the quantum of compensation awarded under the judgment and award dated 28.07.2014 passed in MVC No.142/2012 on the file of Principal Senior Civil Judge and MACT, Srirangapattana.
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident. It is stated that on 19.09.2009 when the claimant was coming from Malavalli towards his Village Akkammanakoppalu on his bicycle, on Malavali Mysore Road near Uppanahalli Village, Ambassador Car bearing Reg.No.KA-09.A.3378 came in high speed, rash, negligent, manner and dashed to the claimant, due to which he fell down and sustained injuries. Immediately he was taken to Government Hospital, Malavalli, thereafter to CSI Holdsworth Memorial Hospital (Mission Hospital), Mysore, where he was inpatient from 19.09.2009 to 27.09.2009. The claimant was aged 60 years as on the date of accident.
3. On issuance of summons, respondents 1 and 2 appeared before the Tribunal. Respondent No.1 in its objection contended that the driver of the offending vehicle was possessing driving license as on the date of accident and stated that the car was insured with the 2nd respondent – Insurer. The 2nd respondent – Insurer filed its objection denying the claim petition averments. Further he stated that the accident had occurred solely due to the negligence of the claimant himself. It is also contended that the driver of the car was not possessing valid and effective driving license as on the date of accident. The claimant examined himself as PW.1 and marked the documents Exs.P1 to P70. Respondent examined Cw.1 and marked the documents Exs.C1 to C6. The Tribunal on appreciating the material on record awarded total compensation of Rs.45,000/- with interest at 6% p.a. from the date of petition till the date of realization on the following heads:-
Total Rs.45,000/-
Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant is before this Court in this appeal.
4. Heard the learned counsel for the appellant and learned counsel for the 2nd respondent – Insurance Company. Perused the entire material on record.
5. The learned counsel for the appellant would submit that the compensation of Rs.45,000/- awarded by the Tribunal is on the lower side when compared to the injuries suffered by the claimant. He submits that the claimant was inpatient for nine days and he suffered head injury due to which he suffered loss of memory. The Doctor has opined that the claimant suffers whole body disability of 20 to 25%. It is further submitted that the claimant was doing agricultural as well as business of Milk vending. He was earning Rs.6,000/- per month. It is his further submission that the Tribunal has not awarded any compensation on the head loss of amenities and the compensation awarded on the head pain and suffering is on the lower side. Thus prays for enhancement of compensation.
6. Per contra, the learned counsel for the 2nd respondent – Insurance Company submits that the Tribunal has awarded just compensation, which requires no interference. He submits that the claimant was aged 60 years as on the date of accident and the Doctor has not issued any disability certificate. Therefore, he submits that the Tribunal has rightly not assessed the whole body disability, thus prays for dismissal of the appeal.
7. Having heard the learned counsels for the parties and on perusal of the material on record, the only point that arise for consideration is as to “Whether the claimant would be entitled for enhancement of compensation in the facts and circumstances of the case ?” Answer to the said point is in the affirmative for the following reasons :
The occurrence of the accident on 19.09.2009 involving Ambassador Car bearing Reg.No.KA.09.A.3378 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant’s appeal is for enhancement of compensation. The claimant suffered grievous injuries on the left and right side of his chest and on his head. CW.1 - the Doctor has stated that the claimant suffered 20 – 25% whole body disability. There is no basis for the disability stated by CW.1 – the Doctor. The claimant has not suffered any fracture or any serious head injury. The Doctor has also not issued any disability certificate. But the claimant took treatment as inpatient for 9 days from 19.09.2009 to 27.09.2009 at CSI Holdsworth Memorial Hospital (Mission Hospital), Mysore. The claimant was aged 60 years as on the date of accident. Looking to the injuries suffered and the treatment taken, the claimant would be entitled for a sum of Rs.20,000/- on the head ‘loss of amenities’ and Rs.5,000/- in addition to Rs.10,000/- awarded by the Tribunal on the head pain and suffering.
8. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified to the above extent and the claimant is entitled to enhanced compensation in a sum of Rs.25,000/- in addition to Rs.45,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms