IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA M.F.A.No.7224 OF 2014 (MV) BETWEEN:
GANESH M SAVALAGI S/O MALLAPPA AGED ABOUT 47 YEARS R/O DOOR NO.3173/2 FOOT WEAR BUSINESS MCC ‘B’ BLOCK, 10TH MAIN 2ND CROSS DAVANAGERE – 577 004 DAVANAGERE DISTRICT AND TALUK …APPELLANT (BY SRI. RAJASHEKHAR.K, ADV.) AND:
1. SURESH S/O CHANNABASAPPA AGED ABOUT 24 YEARS R/O KAKKARAGOLLA DAVANAGERE TALUK DRIVER OF AUTO RIKSHWA DAVANAGERE – 577 004 2. MANJUNATH S/O SHANTHAPPA AGED ABOUT 31 YEARS NITTUVALLI HOSABADAVANI BEHIND I T I OWNER OF AUTORIKSHAW DAVANAGERE – 577 004 3. MANAGER NATIONAL INSURANCE CO.LTD BINNI COMPANY ROAD DAVANAGERE – 577 004 …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADV. FOR R3; NOTICE TO R1 AND R2 DISPENSED WITH) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.09.2011 PASSED IN MVC NO.225/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT – 4, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal by the claimant seeking enhancement of compensation awarded by the Tribunal. As there was delay in filing the appeal an application under Section 5 of Limitation Act is filed praying to condone the delay of 1064 days in filing the appeal.
2. Heard the learned counsel appearing for the parties. Perused the judgment and award passed by the Tribunal.
3. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 2.1.2009 due to rash and negligent driving of an auto rickshaw bearing registration No.KA 17/A 2573 by its driver and liability of the insurer of the said vehicle, points that arises for consideration in this appeal is;
(i) Whether sufficient grounds are made out for condoning of delay of 1064 days in filing the appeal?
(ii) Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?
4. As per the Ex.P7-wound certificate and Ex.P9- discharge card issued by Bapuji Hospital, Davanagere, claimant had sustained comminuted fracture over his left leg along with other simple injuries in a road traffic accident occurred on 2.1.2009. The Tribunal by the impugned judgment and award dated 7.9.2011 allowed the claim petition and awarded the compensation of Rs.55,000/- with interest at 6% p.a. The Tribunal further held that the respondent Nos.1 to 3 are jointly and severally liable to pay the compensation amount and directed the respondent No.3 to deposit the said amount.
5. Learned counsel for the claimant fairly submits that the claimant had withdrawn the compensation amount awarded by the Tribunal but he does not know when the appellant had withdrawn the said amount. He further submits that in view of inordinate delay in preferring the appeal, appellant is prepared to waive interest for the delayed period and prays for allowing the appeal by reasonably enhancing the compensation awarded by the Tribunal.
6. Smt. Manjula.N.Tejaswi, learned counsel appearing for the insurer of the offending car submits that there is an inordinate delay of 1064 days in filing the appeal and delay has not been properly explained. However, she submits that in the event of Court condoning the delay and enhancing the compensation awarded by the Tribunal, appellant may be denied interest on the enhanced compensation.
7. Considering there is inordinate delay of 1064 days in filing the appeal and nature of injuries sustained by the claimant justice would be met if delay is condoned and an additional compensation of Rs.30,000/- is awarded without interest. Hence, the following :ORDER:
Accepting the reasons stated in the affidavit accompanying the delay application, I.A.No.1/2015 is allowed and the delay in filing the appeal is condoned subject to the condition that appellant is not entitled for interest on the enhanced compensation.
The appeal is allowed in part. The claimant is entitled for an additional compensation of Rs.30,000/- without interest. The 3rd respondent-insurer of offending vehicle is directed to deposit the additional compensation amount within two months from the date of receipt of a copy of this order. Failing to deposit the additional compensation amount within two months from the date of receipt of copy of the order, it will carry interest at 6% p.a. after two months from the date of receiving the copy of the order.
Sd/- JUDGE KLY/