IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE DR. JUSTICE H.B.PRABHAKARA SASTRY M.F.A.No.11037/2011 BETWEEN:
Shri C.K.Sobagaiah, S/o late Kuntaiah, Aged about 50 years, Chikkamavathur village, Huliyurdurga Hobli, Kunigal Taluk. … APPELLANT (By Sri Nataraj.C.D., Adv. for Sri Pruthvi Wodeyar, Adv.) AND:
1. The Manager, ICICI Lombard General Insurance Company Limited, ICICI Complex, Next to Central Shopping Complex, Margath Road, Bangalore – 560 001.
2. Selvi, S/o R.Rajendran, No.1337, 14th Main Road, Kumaraswamy Layout 1st Stage, Jayaprakashnarayananagar, Bangalore – 560 078. … RESPONDENTS (By Sri H.C.Vrushabendraiah, Adv. for R-1;
R-2 – Notice dispensed with vide Order dated 18.02.14) This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicles Act against the judgment and award dated 12.08.2011 passed in MVC No.9225/2009 on the file of the XII Additional Small Causes Judge, Member MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Final Hearing, this day, the Court delivered the following:
JUDGMENT This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as ‘The Tribunal’, for short), by its judgment and award dated 12.08.2011 in MVC No.9225/2009.
2. The appellant/claimant in his memorandum of appeal has taken a contention that the quantum of compensation awarded by the Tribunual under various heads are all meager. Further stating that the Tribunal ought to have awarded the compensation as claimed by him, has prayed for allowing the appeal.
3. This matter was earlier settled before the Lok Adalath on 09.12.2017. However, on a memo filed by respondent No.1, for which the claimant had no objection, the said order came to be recalled by the Lok Adalath on 12.04.2018 and the matter was referred back to the Court. Accordingly, it is before this Court.
4. Heard the arguments from both sides and perused the materials placed before this court.
5. Learned Counsel for the appellant in his argument reiterated the contention taken up by the appellant in his memorandum of appeal.
6. The present appeal being the claimant’s appeal and the respondents having not preferred either cross- objection or a counter appeal, the question of occurrence of accident on the date, time and place as alleged by the claimant and also the alleged rash and negligent driving on the part of the driver of the offending vehicle is not in dispute. Therefore, the question of occurrence of accident and the alleged liability of the respondent/s to pay compensation to the injured claimant for the injuries sustained by him in the accident need not be re-analysed again. The only question that remains to be considered is about the quantum of compensation awarded by the Tribunal.
7. After analyzing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them:
Amount (Rs.) Pain and agony 25,000/-
Loss of income during laid up period 12,000/-
Compensation for disability, loss of future earnings, loss of happiness and future amenities Nil Medical and incidental expenses 8,000/-
Vehicle damage Nil Total 45,000/-
8. A perusal of the nature of injury would go to show that in the accident, the claimant has suffered four simple injuries and two grievous injuries. Four simple injuries being in the form of bruice and abrasion, the grievous injuries includes fracture of left lower 1/3rd of ulna and lacerated wound measuring 3 x ½ x ½ cm. For four simple injuries, the claimant deserves a sum of Rs.12,000/- and for the lacerated wound on the knee joint which is grievous in nature, another sum of Rs.5,000/- and for the fracture of left lower 1/3rd of ulna, he deserves a sum of Rs.20,000/-. Thus, in total, the claimant is entitled for a sum of Rs.37,000/- as compensation towards pain and agony. Since the Tribunal has awarded a sum of Rs.25,000/- under the said head, for a difference amount of Rs.12,000/-, the claimant is entitled to.
9. The claimant is said to have been bed ridden and under rest for a period of three months in the year 2009. Taking his monthly income at the rate of Rs.5,000/-, he is entitled for compensation in a sum of Rs.15,000/- towards loss of income during laidup period. Thus, after deducting a sum of Rs.12,000/- awarded by the Tribunal, for a difference amount of Rs.3,000/-, the claimant is entitled to.
10. Towards medical and incidental expenses, the Tribunal has awarded a sum of Rs.8,000/-. Considering the fact that the claimant had sustained fracture of left lower 1/3rd of ulna and was under bed rest for three months which required him medical attendant for the said period, I am of the view that reasonable and justifiable compensation under the said head would be a sum of Rs.12,000/-. Thus, under the head of medical and incidental expenses, he is entitled for a differential amount of Rs.4,000/-.
11. Barring the above, the claimant/appellant is not entitled for enhancement of compensation or awarding of compensation under any other heads.
12. Thus, in total the claimant/appellant is entitled for a total enhancement of compensation of a sum of Rs.19,000/- (Rupees Nineteen thousand only), which is in addition to the compensation awarded by the Tribunal.
13. Accordingly, I proceed to pass the following:
ORDER The appeal is allowed in part.
The judgment and award passed by the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bengaluru, in MVC No.9225/2009 dated 12.08.2011 is modified to the extent that the compensation awarded at Rs.45,000/- is enhanced by a sum of Rs.19,000/-, thus fixing the total compensation at Rs.64,000/- (Rupees sixty four thousand only).
The rest of the order of the Tribunal with respect to fixing the liability upon the respondent/s and the terms regarding deposit of the awarded amount, awarding the interest, its rate, terms regarding release of the amount awarded, shall remain unaltered.
Draw modified award accordingly.
Sd/- JUDGE KK