IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD M.F.A.No. 3210/2018(MV) BETWEEN:
Ganesh S/o Rama Aged about 25 years R/a Near Annappa Panjurli Temple Madwa Nagar, Kodavoor Udupi-576101. … Appellant (By Sri.Sachin B.S. Advocate) AND:
1. Prem Ramesh Kotian S/o Ramesh Kotian Aged about 55 years R/a 2-65-55, Rajathadri Vasuki Nagara, Santhekate Kalyanpura, Puttur Village Udupi-576101.
2. The New India Assurance Co. Ltd. Rep. by its Divisional Manager 2nd Floor, Sri Ram Arcade, Udupi-576101. ... Respondents (By Sri. P.B.Raju, Advocate for R2: R1 is served and unrepresented.) This MFA is filed under Section 173(1) of MV Act Against the Judgment and Award dated: 06.02.2018 passed in MVC.No.159/2016 on the file of the II Additional Senior Civil Judge & Additional MACT, Udupi 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:
JUDGMENT This appeal is directed against the judgment and award dated 06.02.2018 passed by the Additional Motor Accident Claims Tribunal and II Addl. Senior Civil Judge, Udupi in MVC No.159/2016, whereby the Tribunal has awarded a compensation of Rs.1,76,477/- with interest at 9% p.a. from the date of petition till the date of deposit.
2. The brief facts of the case are that on 28.08.2015 at about 8.30 hours, claimant was riding a motor cycle bearing No.KA-20/EG-6368 towards Manipal side. When he reached near Gujjadi Towers, Kadiyali, Shivalli, Udupi, at that time, one bus bearing No.KA-20/B-8133, came from hind side, driven by its driver in a rash and negligent manner dashed the claimant from behind. Due to the said impact claimant sustained grievous injuries. He was immediately shifted to Gandhi Hospital, Udupi wherein he was inpatient for two days. Immediately after recovering from the injuries, he has filed a claim petition before the MACT, Udupi in MVC No.159/2016.
3. To establish his case, claimant examined himself as PW1 and examined Dr.Harish R.Nayak as PW2 and got marked 12 documents. On the other hand, on behalf of the Insurance Company no witnesses were examined but copy of insurance policy was marked as Ex.R1. On appreciation of the oral and documentary evidence, the Tribunal has granted a compensation of Rs.1,76,477/- with interest at 9% p.a. Being not satisfied with the quantum of compensation claimant has filed this appeal.
4. Sri B.S.Sachin, learned counsel for the appellant submits that at the time of the accident claimant was aged about 53 years. He was doing Hotel Management work and earning Rs.15,000/- per month. Due to the accident he has suffered the following injuries:
(1) Swelling of right ankle. X-ray revealed fracture of left malleolous.
(2) Swelling of left foot.
(3) Swelling of left shoulder.
Due to the above injuries, the claimant has undergone lot of pain and suffering. The Tribunal is not justified in granting only Rs.20,000/- under the head ‘injury, pain and sufferings’.
5. He further contended that due to the injuries claimant has suffered 14% disability. PW2 doctor who has examined the claimant has deposed that claimant is having 14% permanent physical impairment in respect to right lower limb. He has to suffer this disability throughout his life. The Tribunal is not justified in granting only Rs.5,000/- under the head ‘loss of amenities’. Hence, he seeks for enhancement of the compensation.
6. Per contra, Sri P.B.Raju, learned counsel appearing for respondent No.2 Insurance Company submits that claimant was inpatient for only two days and the fractures have been re- united. Therefore, the Tribunal has rightly granted the compensation under the heads ‘injury, pain and suffering’ and ‘loss of amenities’. Hence, he seeks for dismissal of the appeal.
7. Heard learned counsel for the parties and perused the records.
8. It is not in dispute that due to the accident that occurred on 28.08.2015 the claimant has suffered the injuries which are grievous in nature. Due to the injuries claimant has suffered pain. The Tribunal is not justified in granting only Rs.20,000/- under the head ‘injury, pain and suffering’. Claimant has to suffer the disability throughout his life. Therefore, the Tribunal is not justified in granting a meagre sum of Rs.5,000/- under the head ‘loss of amenities’. Hence, this Court is of the opinion that the compensation granted under the head ‘injury, pain and suffering’ has to be enhanced to Rs.40,000/- and the compensation granted under the head ‘loss of amenities’ has to be enhanced to Rs.25,000/-.
9. The award passed by the Tribunal, dated 06.02.2018, is modified as under:
Compensation under different Categories As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Injury, pain and sufferings 20,000/- 40,000/-
10. The Insurance Company is directed to deposit the enhanced compensation amount along with an interest @ 9% per annum from the date of filing of the claim petition, till the date of realization, within a period of four weeks from the date of the receipt of a copy of this order. The amount so deposited by the Insurance Company shall be disbursed to the claimant, after due verification of his identity.
With the above modifications the appeal is allowed in part.
Sd/- JUDGE Cm/-