IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.6341 OF 2013 (MV) BETWEEN:
MR.GANGADHAR @ H. GANGADHAR S/O LATE HONNE GOWDA AGED ABOUT 29 YEARS R/A NO.32/2, 5TH CROSS, DEVEGOWDA BLOCK AUDUGODI BANGALORE – 560 030 ... APPELLANT (BY SRI.HARISH BABU K N, ADV.) AND:
1. MR.K.V.NARAYANASWAMY S/O VENKATARAMAPPA MODIRENAHALLI VILLAGE MALUR TALUK KOLAR DISTRICT – 563 130 2. THE REGIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD. NO.41, 2ND FLOOR, LAAVELLE ROAD BANGALORE – 560 001 ... RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.10.2012 PASSED IN MVC NO.1741/2011 ON THE FILE OF THE PRINCIPAL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant herein preferred claim petition before the Motor Accident Claims Tribunal, Bangalore seeking compensation for the injuries suffered in the road traffic accident that took place on 12th February 2011. The Tribunal, by its judgment and award dated 10th October 2012 passed in MVC No.1741 of 2011 awarded compensation of Rs.3,23,294/- with interest at 6% per annum. Being not satisfied with the compensation awarded, this appeal is preferred seeking enhancement.
2. The learned counsel appearing for the appellant submits that considering the nature of injuries, compensation awarded by the Tribunal, under the head pain and suffering is very meager. The compensation awarded by the Tribunal under the head conveyance charges is also very meager. He further submits that the amount awarded under the head loss of amenities is also to be enhanced. Hence, he seeks for suitable enhancement in the compensation.
3. Heard the learned counsel for the appellant. The accident is not in dispute. Exhibit P5-wound issued by HOSMAT Hospital discloses that the appellant sustained open type III ‘C’ both bone of the right forearm and radial artery ulnar nerve injury with degloving injury of right arm. Accordingly wound debridemtn, OPRI with 8 holed DCP ulna/rush pin for radius radial artery thrombosis removal and end to end repair was done on 13th February 2011. He was again admitted to St. Marthas hospital between 11th to 16th July 2011. Further the appellant was admitted to Rajashekar Hospital between 3rd and 6th January 2012 for infected implant right forearm and the same has been removed on 04th January 2012. From the discharge summary it is seen that again the appellant underwent ORIF with plating right radius with MUA on 12th July 2011. Considering all these, I am inclined to award Rs.25,000/- under the head pain and suffering in addition to what has been awarded by the Tribunal. Taking note of the trauma that has been undergone by the appellant and the discomfort he has to face for the rest of his life, I am inclined to award another Rs.60,000/- under the head loss of amenities. Considering the period of hospitalisation and also the fact of appellant being shifted from one hospital to another often, I deem it appropriate to award Rs.15,000/- under the head conveyance, nourishment and attendant charges. In all the enhanced compensation would be Rs.1,00,000/- and the same shall carry interest at rate of 6% per annum. Appeal is allowed in part.
lnn Sd/-
ACTING CHIEF JUSTICE