IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.10704/2010 (MV) Between:
Gururaj S/o. Narasimhadas Aged about 27 years Residing at Gerukatte Doddanagudde Kunjibettu Post Udupi Taluk, Udupi District. ... Appellant (By Sri M.N. Umesh, Advocate) And:
1. Johnson Praveen Carnelio S/o. John B. Carnelio Aged about 35 years Residing at “Pramod Villa” Kakunje, Santhekatte Post Udupi Taluk Udupi District.
2. The Branch Manager The New India Insurance Company Ltd., II Floor, Sri Ram Arcade Opp. Head Post Office Udupi Taluk, Udupi District. … Respondents (By Sri M.P. Srikanth Adv. for R2 R1 served, unrepresented) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act, against the Judgment and award dated 08.07.2010 passed in MVC No.613/2009 on the file of the Principal Senior Civil Judge, Additional MACT, Udupi, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal is coming on for Admission this day, the Court delivered the following:
J U D G M E N T This appeal is filed by the injured claimant seeking enhancement of compensation awarded by the Tribunal in MVC No.613/2009 on the file of Court of Principal Senior Civil Judge and Additional MACT, Udupi, wherein a compensation of Rs.55,100/- has been awarded for the injuries sustained by him in a road traffic accident.
2. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the insurance company.
3. It is the case of the appellant that on 5.09.2009 at about 2.15 p.m., when he was riding his motorcycle bearing registration No.KA-20-S-9823 from Santhekatte towards his residence and when he reached near L.V.T. temple on NH-17, Udupi, the rider of the motorcycle bearing registration No.KA-20-U-9076 by riding the said motorcycle in a rash and negligent manner, dashed against his motorcycle, as a result of which, he sustained injuries. Immediately, he was shifted to the hospital, where he took treatment as inpatient. It is the further case of the claimant that he was aged about 26 years and earning Rs.8,000/- per month by working as cable operator and because of the said accidental injuries, he lost his income etc., A total compensation of Rs.5 lakh was sought by the appellant before the Tribunal. The Tribunal, after considering the material on record, awarded a total compensation of Rs.55,100/- along with interest at 8% per annum from the date of petition till the date of realization.
4. The learned counsel for the appellant submits that the compensation awarded in the facts and circumstances of the case is meager and the same needs to be enhanced by this Honb’le Court.
5. Per contra, learned counsel appearing for the insurance company submits that the compensation awarded by the Tribunal is just and reasonable and no enhancement is required and accordingly, he prays to dismiss the appeal.
6. The accident in question and the appellant sustaining injuries in the said accident is not in dispute. The offending vehicle was insured with respondent No.2 at the time of accident.
7. According to the appellant, he was working as a cable operator and earning a sum of Rs.8,000/- per month and in the accident, he sustained the following injuries:
1. Lacerated wound over forehead and right pinna.
2. Head injury 3. Fracture posterior wall of maxillary sinus right.
8. The appellant has not examined the doctor who treated him. It is stated that he was an inpatient for a period of three days. Ex.P.3 – wound certificate depicts the injuries as stated supra. Considering the said injuries sustained by the appellant, the Tribunal has awarded a sum of Rs.25,000/- towards ‘Pain and sufferings’, which is just and reasonable.
9. Though there is no specific proof with regard to the income of the appellant, taking into consideration the fact that the accident is of the year 2009 and also in the facts and circumstances of the case, the notional income of the appellant is taken as Rs.5,000/- per month. Therefore, the appellant is entitled for a sum of Rs.15,000/- towards ‘Loss of income during the treatment period’ as against Rs.9,000/- awarded by the Tribunal. A sum of Rs.10,000/- is awarded as against Rs.5,000/- towards ‘Conveyance, attendant, food and nourishment’. The appellant is awarded Rs.10,000/-
as against Rs.5,000/- awarded for ‘Discomfort and loss of amenities’. The compensation awarded towards medical expenses i.e., a sum of Rs.11,100/- is just and proper. Hence, the appellant is entitled for an enhanced compensation of Rs.16,000/-.
10. For the foregoing reasoning, I passed the following:
O R D E R The appeal is allowed in part. Judgment and award dated 08.07.2010 in MVC No.613/2009 on the file of the Principal Senior Civil Judge, Additional MACT, Udupi is hereby modified.
The appellant/claimant is awarded an enhanced compensation of Rs.16,000/- with interest at 6% per annum from the date of the petition till the date of realization in addition to what has been awarded by the Tribunal.
Respondent No.2/insurance company shall deposit the amount within a period of four weeks from the date of receipt of the copy of this judgment.
Sd/- JUDGE nms