IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.326/2019 (MV) BETWEEN:
GANESHA DEVADIGA S/O KRISHNA DEVADIGA, AGED ABOUT 33 YEARS, R/AT SANTHEKATTE POST, KOLAMBE, PUTTUR VILLAGE, UDUPI TALUK, UDUPI DISTRICT-576101 ..APPELLANT (BY SRI GANESHA R., ADVOCATE) AND:
1 . FEDRIC MATHIAS S/O LATE AMBROSE MATHAIS, MAJOR, R/AT MARINA VILLA, KAPIKAD POST, PERNAL, UDUPI TALUK AND DISTRICT-576101.
2 . THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., SRI RAM ARCADE BUILDING, OPP: HEAD POST OFFICE, UDUPI TALUK AND DISTRICT-576101 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 24.07.2018 PASSED IN MVC NO.610/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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 72 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 24.07.2018 passed in MVC No.610/2016 by the Additional Senior Civil Judge, AMACT, Udupi, wherein claim petition came to be allowed in part and compensation of Rs.1,66,000/- with interest at the rate of 6% p.a. from the date of petition till realization 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 are that on 26.11.2014 at about 4 p.m. the petitioner was riding his motorcycle bearing registration No.KA-20-EB-1141 towards Karkala from Shirva, Belmannu along with pillion rider, Bharathraj. When they reached near Pilar, Gundupade the driver of the Tempo bearing registration No.KA-20-A-134 came from Belmanu towards Shirva in a rash and negligent manner and dashed against the motorcycle of the petitioner. As a result of which, the petitioner sustained grievous injuries.
4. The injury said to have been sustained by the claimant as stated by the Doctor PW-2 are:
“open fracture of right distal radius”
PW-2 doctor further deposed that the petitioner has following deformities:
(a) He has full range of movement and muscle power in his right wrist joint.
(b) He has 50% of reduction in grip strength and 20% of reduction in pinch strength in his right hand.
(c) His x-ray examination revealed union of the fracture with implant in situ.
5. Learned Member was accommodated with the oral evidence of PW-1 and PW-2 and documentary evidence exhibits P-1 to P-22. Learned Member considered income of the petitioner at Rs.8,000/- and disability at 5%.
6. The details of break up of compensation granted by learned Member is as under:
SL.NO. DESCRIPTION AMOUNT
Total Rounded off Rs.1,65,600/-
Rs.1,66,000/-
7. Learned counsel for appellant would submit that the percentage of disability has been under assessed considering the nature of injuries sustained by the claimant.
8. It is necessary to place on record disability is not reckoned only with reference to injuries or nature of injuries. On the other hand when the impact of the accident reduces ability of a limb whereas capacity of the person itself is decreased to go ahead with the work he was carrying on earlier or other work.
Compensation granted by the Tribunal at Rs.1,66,000/- is sufficient. There is no necessity for continuing the proceedings. Appeal is liable to be rejected and accordingly it is rejected.
Sd/- JUDGE SBN