IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A. NO.5561/2015 (MV) BETWEEN:
C. UDAYA PRAKASH S/O. CHIKKALEGOWDA AGED ABOUT 40 YEARS RESIDING AT ADAGANAHALLI VILLAGE ATHAGUR HOBLI, MADDUR TALUK MANDYA DISTRICT.
… APPELLANT (BY SRI.JAYAKIRTHI M.C., ADVOCATE) AND:
1. THE DIVISIONAL CONTROLLER OWNER CUM CHIEF CUSTODIAN OF INTERNAL INSURANCE FUND OF KSRTC BUS BEARING REG. NO. KA-09-F-3558 SHANTHINAGAR K.H.DOUBLE ROAD BANGALORE-560 027.
2. G.R.PRASANNA KUMAR S/O. SRI G.N.RAJANNA DODDAGARUDANAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK AND DISTRICT - 571 401.
(R.C. OWNER OF HERO HONDA MOTORCYCLE BEARING REG. NO. KA-11-W-2029) 3. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., NO. 1576, 1ST FLOOR, V.V.ROAD, MANDYA – 571 401.
(POLICY NO. 35100731116202670865 VALID FROM 14.02.2012 TO 13.02.2013) …RESPONDENTS (BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R-1 SRI.K.SRIDHARA, ADV. FOR R-3 R-2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 10.09.2014 IN MVC NO. 387/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and award dated 10.09.2014 passed in MVC No.387/2013 on the file of the Senior Civil Judge, MACT., Maddur, partly allowing the claim petition for compensation and seeking enhancement of compensation.
2. Brief facts of the case are that on 26.6.2012 at about 3.45 p.m., the claimant was proceeding towards Adaganahalli Village in a Hero Honda Passion motorcycle bearing registration No.KA-11-W-2029 on the left side of Kesthur Road. At that time, one KSRTC bus bearing registration No.KA-09-F-3358 being driven by its driver in a very rash and negligent manner came from the opposite direction and dashed against the petitioner’s motorcycle and caused the accident. Due to the impact, the petitioner fell down and sustained injuries. Immediately he was taken to PHC, Kesthur, he was referred to KIMS Hospital, Bengaluru, wherein he was admitted and treated as an inpatient for a period of 15 days. He spent more than Rs.25,000/- towards medical expenses and other incidental charges.
3. Learned counsel for the claimant-appellant submits that the claimant is working as a school teacher in a Government Primary School, Hulaganahalli and drawing salary of Rs.20,000/- per month. There is a serious fracture injuries in his left ankle and the injuries suffered by the claimant are as follows:
1. Both 1st metatarsal of right hand.
2. Fracture of calcaneum of left foot, swelling over the left ankle joint, left forehead.
4. The Tribunal has considered the disability at 35% for the left lower limb and 18% to the whole body and it has awarded the compensation under different heads as under:
5. Learned counsel for the Corporation submits that the Tribunal has awarded just and reasonable compensation and prays to dismiss the appeal.
6. In the context and circumstances of the case, I find that the claimant is a teacher, pain and suffering is invariable and he may also require future medical expenses. However, deprival of amenities also ought to have been considered by the learned Member. Considering the material available on record and the grounds urged in the claim petition and also in the appeal, I find that a global compensation of Rs.1,75,000/- appears to be just and sufficient. Hence, claimant-appellant is entitled to an additional compensation of Rs.30,000/- with interest at 6% per annum. Hence, judgment and award dated 10.09.2014 passed in MVC No.387/2013 by the Senior Civil Judge, MACT., Maddur is hereby modified by awarding enhanced compensation of Rs.30,000/- with interest at 6% p.a. from the date of petition till its realization.
Respondent No.1- Corporation is directed to pay the compensation amount including the enhanced compensation to the claimant within four weeks from the date of receipt of a copy of this order to the claimant.
Sri D. Vijayakumar, learned counsel is permitted to file Vakalath on behalf of for respondent No.1 – Corporation.
Sd/- JUDGE BS