IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.3186/2012 (MV) BETWEEN:
BORE GOWDA L AGED 42 YEARS S/O LINGE GOWDA R/AT NO.23, 1ST MAIN, IIND CROSS, NETHAJI LAYOUT ATHIGUPEE, BANGALORE 560040 (BY SRI T PARAMESHWARAPPA &) ... APPELLANT AND 1. R SURESH S/O LATE RANGAPPA AGED MAJOR R/AT FLAT NO.304, S S ENCLAVE NO.53, 7TH CROSS, RAMANJANEYA NAGAR, BANGALORE 560021 2. BRANCH MANAGER UNITED INDIA INSURANCE CO LTD., NO.40/3, 3RD FLOOR, GEETHA MANSION K G ROAD, BANGALORE 560 009 ... RESPONDENTS (BY SRI S V HEGDE MULKHAND FOR R2 NOTICE TO R1 DISPENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.11.2011 PASSED IN MVC NO.4812/2010 ON THE FILE OF THE MACT, XX ADDL. JUDGE & XVIII ACMM, BANGALORE, 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 by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard the learned counsels appearing for the parties. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 27.5.2010 due to rash and negligent driving of the offending car bearing registration No.KA-03- A7985 by its driver and liability of the insurer of the offending vehicle, the only point that arises for consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. As per wound certificate Ex.P-7, the claimant had sustained cut injury over his right eye lid, bleeding abrasion over right hand, abrasions and cut injury and hematoma in left fore arm, abrasions over right inguinal region, pain in pelvic region, abrasion in right knee joint and below knee joint. Ex.P-8 discharge summary discloses that the claimant sustained inferior rami fracture and contusion over left thigh. The claimant has not produced X-ray about sustaining of fracture and contusion over his right thigh. PW-1, claimant has not chosen to examine the doctor, who treated him regarding disability. The claimant in support of his contention that he has spent huge amount towards repair of his damaged auto, has not examined the mechanic, who repaired his auto.
6. Considering the above facts and circumstances of the case and the nature of injuries indicated in the wound certificate and discharge summary, justice would be met if additional compensation of Rs.35,000/- with interest is awarded to the claimant.
7. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimant is entitled for an additional compensation of Rs.35,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
8. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimant.
No order as to costs.
Sd/- JUDGE DM