IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.546/2019(MV) BETWEEN:
G T NANJAPPA S/O LATE THIMMEGOWDA NOW AGED ABOUT 80 YEARS R/AT HOSUR VILLAGE, TIPTUR TALUK TUMAKURU TALUK, TUMAKURU DISTRICT NOW R/AT YELLAPURA TUMAKURU.
(BY SRI RAGHU R, ADVOCATE) AND:
1 . H N VISHWESHWARAIAH S/O G T NANJAPPA NOW AGED ABOUT 47 YEARS, R/AT HOSUR VILLAGE, TIPTUR TALUK, TUMAKURU DISTRICT - 572 101.
2 . THE MANAGER UNITED INDIA INSURANCE CO. LTD., RAGHAVENDRA COLONY, B.H.ROAD, TIPTUR TALUK, TUMAKURU DISTRICT REGIONAL OFFICE 1ST FLOOR JAYADEVA COMPLEX, P.B.No.54, B.H.ROAD, ..APPELLANT TUMAKURU - 572 101. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:08.06.2018, PASSED IN MVC No.410/2017, ON THE FILE OF THE VI ADDITIONAL DISTRICT & SESSIONS JUDGE AND MEMBER AMACT, TUMAKURU, 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 110 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 08.06.2018 passed in MVC No.410/2017 by the VI Additional District and Sessions Judge, AMACT, Tumakuru, wherein claim petition came to be allowed in part and compensation of Rs.1,25,385/-
with interest at the rate of 7.5% p.a. from the date of petition till realisation 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. Appeal is by claimant seeking enhancement of compensation. Compensation sought is Rs.10,00,000/-. It is stated that the claimant on 15.05.2016 at about 6 P.M. was traveling as a pillion rider in a Hero Honda Passion Plus motorcycle bearing registration No.KA-44-H-8324 ridden by his son- first respondent from K.B.Cross towards Tumakuru via Gubbi on NH-206 road and near Kallipalya Gate, Gubbi Taluk, Tumakuru District, first respondent drove it in a rash and negligent manner with high speed and when he applied the brake to avoid humps, the claimant fell down from the said bike on road and sustained grievous injuries to his back, left leg, femur, left knee, lips and other injuries.
4. Injuries said to have been sustained by the petitioner are:
(i) Pain at (L) hip and thigh.
(ii) ROM (L) hip and knee.
(iii) Tender (c) Proximal thigh.
(iv) (L) Subtrochantric femur fracture.
Petitioner claims 100% disability. The doctor is not examined to identify the quantum of disability.
5. The compensation granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 30,000/-
2. Medicines and hospital charges Rs. 74,785/-
3. Loss of amenities Rs. 15,000/-
attendant charges Global compensation Rs.1,25,385/-
6. Learned counsel for claimant contends that the assessment of compensation amount is on the lower side and requires to be enhanced.
7. Learned counsel for claimant would submit that the assessment is not in proportion to the injury and disability.
8. There are no details regarding the extent of injuries, disability and impact on the body. More particularly doctor who treated the claimant is not examined.
In the over all circumstances of the case in the light of no details regarding the percentage of disability and also considering the injuries, age, avocation and income of the petitioner, I find that the compensation granted appears to be just and fair and there is no necessity to proceed further.
Appeal is rejected.
Sd/- JUDGE SBN