IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.805/2019(MV) BETWEEN:
CHANDAN P S/O LATE KRISHNEGOWDA @ PUTTALINGEGOWDA, AGED ABOUT 24 YEARS, R/AT THAGACHAGUPEE, VISHWAKARMA ROAD, KUMBALUGUDU POST, KENGERI HOBLI, BANGALORE SOUTH TALUK.
..APPELLANT (BY SRI SHRIPAD V SHASTRI, ADVOCATE) AND:
1 . THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., NO.3, 1ST FLOOR, MANANDI PLAZA, ST.MARKS ROAD, BESIDE ST.MARKS HOTEL, BANGALORE-01.
2 . MR. HARISH HADIMANI PROPRIETOR AROHANA AGENCIES, NO.130, KRISHNAPPA LAYOUT, BESIDE KEB QUARTERS, YADALAM NAGAR, BENGALURU-560 061 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2018 PASSED IN MVC NO.7423/2016 ON THE FILE OF II ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, MACT, (SCCH- 13) BENGALURU, 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 Though the appeal is listed for admission it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 29.09.2018 passed in MVC No.7423/2016 by the II Additional Judge and XXVIII ACMM, Court of Small Causes, MACT, Bengaluru, wherein claim petition came to be allowed in part and an amount of Rs.11,05,253/- with interest at the rate of 6% p.a. from the date of petition till deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. One Chandan P. presented claim petition in respect of the injuries sustained by him with consequential disability in a road accident dated 18.07.2016 at 7 P.M. When Chandan was proceeding in a motor bike bearing registration No.KA-05-EF- 9088 as a pillion rider and it was ridden by one Pramod on Thagachaguppe Road, near Vinpack Biscuit factory i.e., from Thagachaguppe side towards Kumbalagudu at that time, the driver of the luggage Auto bearing registration No.KA-05-AF 0183 drove the same at high speed in a rash and negligent manner and came from opposite direction and took the auto to extreme right side and dashed against the petitioner’s motor bike and caused the accident. As a result, the petitioner fell down along with the motor bike and sustained grievous injuries.
4. Learned Member granted compensation of Rs.11,05,253/- and according to the following break up:
nourishment and nutritious food 5. Loss of amenities and unhappiness Rs. 20,000/-
6. Future medical expenses Rs. 25,000/- Total Rs.11,05,253/-
5. The injuries suffered by the petitioner are:
Type III B open fracture medial condyle right femur with severe bone loss lateral condyle, comminuted patella fracture with bone loss, closed midshaft fracture right tibia and fibula.
6. The disability to respective limb is considered at 65% and total disability being 22%. Petitioner stated to be running a mobile shop and income is claimed at Rs.25,000/- per month and no materials placed before the Member and in his wisdom he has considered at Rs.9,000/- and applicable multiplier considering the age of the petitioner at 23 years is `18’. Loss of future earning due to disability is calculated as under:
Rs.9,000x12x18x22%=Rs.4,27,680/-
7. Learned counsel for appellant Sri Shripad V Shastri would submit that lower limb suffered loss of bone and disability due to stiffness at the knee level because of the accident and petitioner has incurred huge medical expenditure. Further learned counsel would submit that almost petitioner is totally disabled from performing the work whether earlier work or other work.
I do not find the compensation awarded is insufficient or under assessed. Considering medical expenses granted with reference to total compensation, I find the compensation awarded is fair and just and no purpose would be served if the matter is continued and there are no grounds as well.
Appeal is rejected.
Sd/- JUDGE SBN