IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.1421/2014 (MV) BETWEEN:
H.G.SATHISH, S/O.GURUPADAPPA, AGED ABOUT 47 YEARS, BUS CONDUCTOR, DOMBEKOPPA, BATTAMALLAPPA HARTHALU POST, HOSANAGAR TALUK, SHIMOGA DIST. ... APPELLANT (BY SRI.H.K.BASAVARAJ, ADVOCATE) AND:
1. B.C.NIJALINGAPPA, S/O. CHANNABASAPPA GOWDA, AGED ABOUT 40 YEARS, R/O OLD BANIGA VILLAGE POST, HOSANAGAR TALUK, OWNER OF YAMAHA BIKE, REG.NO. KA 30/K-3566, PIN CODE.577 418.
2. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH: I FLOOR, MALLAPPA COMPLEX, P.B.NO. 143, B.H.ROAD, SHIMOGA-577 201. ... RESPONDENTS (BY SMT.Y.ARUNA, ADVOCATE FOR R2; R1-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.12.2012 PASSED IN MVC NO.62/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, AND JMFC., SAGAR, 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 The claimant is before this Court in this appeal not being satisfied with the quantum of compensation awarded under Judgment and Award dated 13.12.2012 in M.V.C.No.62/2012 on the file of Additional M.A.C.T at Sagar.
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries sustained in a road traffic accident. It is stated that on 28.09.2010 at about 7.30 p.m., the claimant was proceeding on his motor-bike bearing No.KA-30/J-2563 with pillion rider, motor-bike bearing No.KA-30/K-3566 came in a high speed in a rash and negligent manner and dashed to the motor-bike of the claimant, due to which, the claimant fell down and sustained severe injuries to the whole body. He was shifted to Government Hospital, Hosanagar and thereafter, to K.M.C.Hospital, Manipal where he took treatment as in-patient for 19 days. He has also undergone operation. He claims that he was working as Bus Conductor in Hosanagar Transport Company Private Limited and he was drawing salary of Rs.9,526/- p.m. On issuance of summons, Respondent No.2/Insurance Company appeared and filed its objection denying the claim petition averments, but admitted the issuance of insurance policy to the offending vehicle. The claimant examined himself as P.W.1 and examined doctor as P.W.2 apart from marking Exs.P.1 to P.11 as documents. Ex.R.1 was marked by the respondent-insurer. The Tribunal, assessing the material on record both oral and documentary, awarded total compensation of Rs.1,40,000/- under the following heads:
1) Towards pain and suffering Rs.50,000-00 2) Towards loss of salary for 5 months (9,000x5 months) Rs.45,000-00 3) Towards transportation, nourishment attendant charges and diet etc., Rs.25,000-00 4) Towards future medical expenses Rs.20,000-00 Total Rs.1,40,000-00 3. The claimant not being satisfied with the quantum of compensation, is before this Court in this appeal.
4. Heard the learned counsel for the appellant and perused the lower court records.
5. The accident involving the motor-bikes bearing No.KA-30-J-2563 and No.KA-30/K-3566 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant’s appeal is for enhancement of compensation.
6. Counsel for the appellant submits that the claimant has suffered the following injuries:
“ 1) Head injury, 2) Right ZMC fracture.
3) Bilateral Circumerbital edema and ecchymoses 4) Left interior orbital rim and Nasal bone fracture.
5) 1 x 0.5 cm. laceration over Right Knee.
6) 1 x 1 cm. abrasion over Right side of forehead.”
He has undergone surgery. It is also stated that the claimant was in-patient for 19 days at K.M.C.Hospital, Manipal. Learned counsel further submits that the salary certificate-Ex.P.10 indicates that the claimant was receiving salary of Rs.9,526/-. Whereas the Tribunal has taken the salary of the claimant at Rs.9,000/- which is wholly erroneous. Further, he submits that the compensation awarded on the other heads are on the lower side.
7. The accident is of the year 2010. The claimant states that as per Ex.P.10-the salary certificate dated 30.10.2012, he was drawing a salary of Rs.9,526/-. The salary certificate indicates the salary drawn by the claimant-appellant as on October 2012. Whereas the accident has taken place in September 2010. Therefore, the Tribunal has taken the salary of the claimant at Rs.9,000/- which is proper and correct and needs no interference. The claimant has suffered the injuries noted above. Admittedly, he was in-patient for 19 days at K.M.C.Hospital, Manipal. The claimant has produced Treatment certificate at Ex.P.8 and also wound certificate at Ex.P.9. The doctor-P.W.2 examined on behalf of the claimant has stated the injuries suffered by the claimant, but he has not stated about the disability suffered by the claimant.
8. Looking to the injuries suffered by the claimant and the pain and suffering undergone, the Tribunal has failed to award any compensation under the head of loss of amenities. Thus, the claimant would be entitled for a sum of Rs.30,000/- under the had of Loss of amenities. Further, looking to the injuries and treatment taken as inpatient for 19 days, the claimant would be entitled for another Rs.20,000/- on the head of Pain and Suffering in addition to Rs.50,000/- awarded by the Tribunal. Thus, the claimant would be entitled for Rs.50,000/- enhanced compensation in addition to Rs.1,40,000/- awarded by the Tribunal along with interest as awarded by the Tribunal.
9. The appeal is allowed-in-part. The Judgment and Award is modified to the above extent.
Sd/- JUDGE bnv*