IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO.7645/2012(MVC) BETWEEN;
MR. G. SATHYA, S/O. D. GANESH, AGED ABOUT 27 YEARS, R/AT. VENKATAREDDY BUILDING, NO.15, 11TH MAIN, 4TH CROSS, BEGUR ROAD, HONGASANDRA, BANGALORE - 560 068.
... APPELLANT (By SRI. R. KUMAR, ADV.) AND:
1. BHARATHI, AXA GENERAL INSURANCE CO. LTD., PRIDE QUADRA NO.30, 2ND FLOOR, HEBBAL ROAD, BANGALORE - 560 024.
2. MR. B. T. PRAKASH, S/O. THIMME GOWDA, R/AT. NO. 27/E, 7TH CROSS, NANDINI LAYOUT, BANGALORE - 560 086. ... RESPONDENTS (By SRI. H. N. KESHAVA PRASHANTH, ADV. FOR R.1, V/O. DATED 11.9.15 NOTICE TO R.2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.02.2012 PASSED IN MVC NO.2515/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The claimant aggrieved by the quantum of compensation awarded by the Tribunal has preferred this appeal seeking enhancement of compensation.
2. With the consent of learned counsel appearing for parties, the appeal is heard and disposed of finally.
3. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 06.12.2009 due to rash and negligent driving of a tempo bearing registration No.KA- 02-B-4032 by its driver and liability of the insurer of the said offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether compensation of Rs.1,00,800/- with interest at the rate of 8% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. As per the wound certificate-Ex.P6, discharge summary-Ex.P7, the claimant had sustained the following injuries:-
Lacerated wound over anterior aspect intra patella left knee with lateral tendon cut.
5. The injuries sustained and treatment undergone by the claimant are also evident from the medical bills-Ex.P10, case sheet-Ex.P21, x-ray film- Ex.P22 and supported by oral evidence of the claimant and doctor, who were examined as PWs-1 and 3 respectively. PW-3, doctor in his evidence has stated that lacerated wound over anterior aspect intra patella left knee with lateral tendon cut sustained by the claimant is grievous in nature and the claimant has suffered permanent disability.
6. Considering the nature of injuries sustained by the claimant, Rs.30,000/- is awarded towards ‘pain and suffering’ as against Rs.20,000/- awarded by the Tribunal.
7. As Rs.25,800/- awarded by the Tribunal towards ‘medical expenses’ is based on the medical bills produced by the claimant, there is no scope for enhancement under this head.
8. The claimant was treated as inpatient for a period of 3 days in a Private Hospital. Considering the same, Rs.10,000/- awarded by the Tribunal towards ‘incidental expenses’ such as conveyance, nourishment and attendant charges is just and proper and there is no scope for enhancement under this head.
9. The Tribunal by calculating the number of days of leave availed by the claimant for treatment in terms of loss of salary has rightly awarded Rs.20,000/- towards loss of income during laid up period, which is just and proper and there is no scope for enhancement under this head.
10. PW.3-Doctor, except stating that the claimant had suffered permanent disability on account of injuries sustained by him, has not stated as to the percentage of disability caused to particular limb and to whole body. Even nature of injuries sustained by the claimant do not suggest that it would affect future earning of the claimant. On the other hand, claimant in his cross-examination has admitted that he has continued in the same job which he was doing prior to the accident. Therefore, the Tribunal was justified in not awarding any compensation towards loss of future earning.
11. Nevertheless, claimant on account of injuries sustained by him may have to suffer certain amount of discomfort and unhappiness in his future life. Considering the same, ends of justice would be met if a sum of Rs.50,000/- is awarded towards loss of amenities and disabilities and it is awarded as against Rs.15,000/- awarded by the Tribunal towards loss of amenities and Rs.10,000/- awarded towards permanent disability.
12. Thus, the claimant is entitled for the following compensation:-
13. Accordingly, the appeal is allowed-in-part.
The judgment and award dated 18.02.2017 in MVC No.2515/2010, passed by the III Additional Senior Civil Judge, Motor Accident Claims Tribunal, Bengaluru, stands modified. The claimant is entitled for an additional compensation of Rs.35,000/- with interest at 8% p.a. from the date of claim petition till the date of realisation.
14. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimant immediately after the deposit.
No order as to costs.
PMR SD/- JUDGE