IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.8591/2016 (MV) BETWEEN:
SMT. H.L. UMADEVI W/O U B MOORTHY AGED ABOUT 41 YEARS R/A UNIDGANALU VILLAGE JAVAGAL HOBLI ARSIKERE TALUK HASSAN DISTRICT ... APPELLANT (BY SMT.KAMALA D K, ADV.) AND:
1. U B MOORTHY S/O M R BYRAIAH R/A UNDIGANALU VILLAGE JAVAGAL HOBLI ARSIKERE TALUK HASSAN DISTRICT 2. M/S NATIONAL INS. CO. LTD., REP. BY ITS BRANCH MANAGER SRI MANJUNATHESWARA COMPLEX OLD BUS STAND ROAD HASSAN ... RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.10.2014 PASSED IN MVC NO.1443/13 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, ARSIKERE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Shri B.C. Seetharama Rao, the learned counsel is directed to take notice for the second respondent-Insurance Company.
2. There is a delay of 675 days in filing the Appeal.
Acceding to the cause shown in the affidavit accompanying the application, IA.I of 2017 is allowed. Delay in filing is condoned.
3. In the claim petition filed by the petitioner seeking compensation for the injuries suffered in the accident that took place on 25th July 2013, the Tribunal by its order dated 25th October 2014 passed in MVC NO.1443 of 2013 awarded compensation of Rs.1,90,259/-. Being not satisfied with the compensation awarded, the claimant-appellant is before this Court. The learned counsel for the appellant submits that the claimant has suffered fracture of ulna, fracture of radius (both bones of left forearm); and abrasion and other injuries all over the body. She submits that the compensation awarded by the Tribunal is very meager and hence seeks enhancement in the compensation.
4. The learned counsel appearing for the Insurance submits to dismiss the appeal. He submits that the compensation awarded by the Tribunal is sound and proper and does not call for interference by this Court.
5. Heard the learned counsel for the parties and gone through the judgment of the Tribunal. The Tribunal, in the absence of non-production of any documentary proof regarding the earning, has taken the notional income at Rs.5,000/- per month and awarded Rs.90,000/- under the head loss of future income. The has awarded Rs.40,000/- under the head pain and sufferings; Rs.10,000/- towards amenities; Rs.5,000/- towards conveyance, nourishment and attendant charges; Rs.5,000/- towards loss of income during the treatment peripd; Rs.10,000/- towards future medical expenses; and awarded 30,259/- towards the medical expenses. In my considered opinion, the compensation awarded by the Tribunal is just and proper. However, considering the fact that the appellant has suffered two fractures and also considering the agony underwent by the claimant, I deem it proper to award another Rs.25,000/- globally in addition to what has been awarded by the Tribunal. It is made clear that the enhanced amount does not carry any interest. Appeal is accordingly disposed of.
lnn Sd/- JUDGE