IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.1292/2019(MV) BETWEEN:
GUDDADAMALLAYYA S/O DODDAAJJAYYA, AGED ABOUT 52 YEARS R/O MULLURAHALLI VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 501. ..APPELLANT (BY SRI B PRAMOD, ADVOCATE) AND:
1 . SYED ANWAR S/O OBEDULLA, MAJOR, R.C. OWNER OF SRE BUS BEARING REG.NO.KA-17A-4898 R/O NAYAKANAHATTY CIRCLE MAIN ROAD,NAYAKANAHATTI CHALLEKERE TALUK AND CHITRADURGA DISTRICT-577536 2 . THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, JAGALURU MAHALINGAPPA COMPLEX, P.B.ROAD, CHITRADURGA TOWN-577501 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.11.2018 PASSED IN MVC NO.1378/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA, 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:
JUDGMENT Though the appeal is listed for admission, in the circumstances of the case it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 13.11.2018 passed in MVC No.1378/2016 by the Principal Senior Civil Judge and MACT, Chitradurga, wherein claim petition came to be allowed in part and compensation of Rs.55,500/- with interest at the rate of 9% p.a. from the date of filing the petition till the realization of entire amount 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 facts leading to the accident are that the petitioner was one of the passengers traveling in bus bearing registration No.KA-17-A-4898 on 14.03.2016 towards Jagaluru Town and when the bus came near Musturu village, Jagaluru Taluk, the driver of the said bus drove the same in a rash and negligent manner, with high speed and lost control over the same and toppled down on the left side of the road, as a result petitioner sustained injuries.
4. Learned Member passed a common Judgment clubbing all the petitions filed seeking compensation. The present appeal is in respect of MVC No.1378/2016. Petitioner suffered following injuries:
Left fore arm deformed. Feed back of C.G. hospital Davanagere reveals fracture of styloid process of left ulna.
5. Compensation granted by learned Member is as under:
6. Learned counsel for appellant submits that on over all consideration compensation is under assessed and requires to be increased.
7. The accident and injury are admitted. Petitioner not examined the doctor or produced disability certificate to show that he sustained permanent disability.
Compensation of Rs.55,500/- (rounded off) together with interest at the rate of 9% p.a. appears to be fair, just and reasonable. Appeal is rejected.
Sd/- JUDGE SBN