IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.296/2019(MV) BETWEEN:
CHANDRAKALA G D/O GUNASEKHAR AGED ABOUT 31 YEARS R/O SANJIVININAGAR, NEAR GUNNA ANJANEYA TEMPLE SAHAKARANAGAR POST BENGALURU – 560 092.
(BY SRI VIJAY KUMAR T., ADVOCATE) AND:
1 . THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., NO.S-5, 2ND FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU - 560 001.
2 . SOMASHEKAR B.A S/O B.A. ANANTHARAMU NO.431-C, CHIKKABANAWARA, DASAPPANAPALYA, ..APPELLANT BENGALURU – 560 090. ..RESPONDENTS (BY SRI PRADEEP B., ADVOCATE FOR R-1, NOTICE TO R-2 DISPENSED WITH VIDE ORDER DATED 06.02.2019) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2018 PASSED IN MVC NO.7359/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 154 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 11.04.2018 passed in MVC No.7359/2016 by the XXI Additional SCJ and XIX ACMM, MACT, Bengaluru, wherein claim petition came to be allowed in part and an amount of Rs.3,07,210/- with interest at the rate of 6% p.a. from the date of petition till the 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. The details of the accident that occurred on 30.10.2016 at about 9.30 p.m. near UCO bank, opposite to park, Sahakaranagar, Bengaluru, the driver of car bearing registration No.KA-04-D-1764 belonging to respondent No.2 insured with respondent No.1 drove it in a rash and negligent manner and dashed against on coming opposite Honda Motorcycle bearing registration No.KA-04-HV-0768. As a result of which, the rider and pillion rider of two wheeler fell down and sustained injuries including fracture. Petitioner is stated to be a pillion rider.
4. Petitioner is stated to be doing tailoring work and earning Rs.500/- per day. The injuries sustained by the petitioner are fracture of both bones of left leg. However the learned Member has not considered the aspect of disability suffered by the petitioner.
5. The compensation granted by the Tribunal under various heads is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings including mental agony 2. Medical expenses, conveyance, nourishment Rs. 40,000/- Rs. 2,32,120/-
6. Learned counsel for appellant submits that the income of the claimant was not less than Rs.500/- per day and the compensation awarded by the Tribunal is on the lower side.
7. Learned counsel for respondent No.1-insurance company would oppose by stating that considering the materials available regarding injuries and that of the status of the claimant, compensation was over assessed on other heads more particularly compensation under the head `medical expenses’ is Rs.2,32,120/-.
8. Considering the context and circumstances of the case compensation granted is Rs.3,07,210/- which appears to be ideal and just. However to consider the same as global compensation it is enhanced to Rs.3,50,000/-.
Appeal is partly allowed. Judgment and award dated 11.04.2018 passed in MVC No.7359/2016 is modified by granting enhanced compensation of Rs.42,790/- (3,50,000-3,07,210) with interest at the rate of 6% p.a.
Insurance company shall pay the difference amount of total compensation amount including enhanced compensation with interest at 6% p.a. within four weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE SBN