IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT BETWEEN:
H P SRINIVASA M.F.A.No.9614/2015 (MV) S/O PUTTEGOWDA AGED ABOUT 54 YEARS DYAVAMMA EXTENSION CHANNAPATTANA HASSAN-573201.
(BY SRI.B M MOHAN KUMAR, ADV.) AND:
1. VENKATESH M S/O MALLEGOWDA AGED ABOUT 32 YEARS MALLENAHALLI VILLAGE UGANE POST, SALAGAME HOBLI HASSAN TALUK AND DISTRICT-573201.
...APPELLANT 2. THE MANAGER RELIANCE GENERAL INSURANCE CO.LTD., 1ST FLOOR, KRUTIKA ARCADE NEAR NR CIRCLE HASSAN-573201.
…RESPONDENTS (BY SRI.H S LINGARAJ, ADV. FOR R2 R1- NOTICE DISPENSED) THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.1467/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant is in appeal praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under the judgment and award dated 31.10.2014 in MVC No.1467/2013 on the file of the II Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal at Hassan (hereinafter referred to as 'the Tribunal' for short).
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental injuries sustained in the motor vehicle accident. It is stated that, on 06.07.2013, when the claimant was standing in his TVS XL motorbike bearing registration No.KA-13/J-5323 near the divider on BM Road, in order to cross the road, the rider of the motorbike bearing registration No.KA-13/U-8552 rode the same in a rash and negligent manner and dashed against the stationed TVS XL moped of the claimant, as a result, the claimant sustained grievous injuries. Immediately, he was shifted to Mangala Hospital, Hassan wherein he took treatment as inpatient for a period of one month. It is stated that the claimant is a Government Servant and was getting salary of Rs.20,000/- p.m.
3. On issuance of notice, second respondent/insurer appeared before the Tribunal and filed its written statement denying the claim petition averments. It is also stated that the petition is bad for non-joinder of necessary party i.e., rider of the motorbike bearing registration No.KA-13/U-8552. It is contended by the learned counsel for the respondent/insurer that claimant was not holding valid and effective driving licence as on the date of accident. But, admitted the issuance of insurance policy in respect of the offending motorcycle. Learned counsel further stated that the claimant has contributed negligence for the occurrence of accident.
4. The claimant got himself examined as P.W.1 and got marked the documents as Ex.P1 to Ex.P8. The respondent/insurer has not let in any evidence nor marked any documents in support of their case.
5. The Tribunal, on appreciating the material on record, awarded total compensation of Rs.30,306/- with interest at the rate of 6% p.a., from the date of petition till realization, on the following heads:
1. Pain and sufferings :: Rs.14,000.00 2. Medical expenses :: Rs.10,306.00 3. Conveyance, nourishment and attendant charges :: Rs. 6,000.00 Total Rs.30,306.00 The claimant, not being satisfied with the quantum of compensation awarded by the Tribunal is before this Court praying for enhancement of compensation.
6. Heard the learned counsel for the appellant/ claimant and learned counsel for the respondent/insurer. Perused the material on record.
7. Learned counsel for the appellant would submit that the claimant has suffered one grievous injury i.e., swelling and deformity of left hand and another is abrasion over the forehead which is simple in nature. Further, he submits that the claimant has suffered fracture of III and IV Phalanges. The claimant has placed on record Ex.P5/wound certificate issued by Mangala Hospital, Hassan to substantiate the injuries sustained by him. The Tribunal has failed to award any compensation on the head ‘loss of amenities’. Hence, prays for enhancement of compensation.
8. Per contra, learned counsel for the respondent/insurer would submit that the compensation awarded by the Tribunal is just compensation which needs no interference. He further submits that the claimant has failed to examine the Doctor in support of his case. In the absence of Doctor’s evidence with regard to disability or fracture, the quantum of compensation awarded by the Tribunal is just and proper and prays for dismissal of the appeal.
9. Having heard the learned counsel for the appellant/claimant, the only point which falls for consideration in this appeal is as to whether the claimant would be entitled for enhancement of compensation?
10. Answer to the above point would be partly in the affirmative for the following reasons:
The accident occurred on 06.07.2013 involving TVS XL motorbike bearing registration No.KA-13/j-5323 and another motorbike bearing registration No. KA-13/U-8552 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant is in appeal, not being satisfied with the quantum of compensation when compared to the injuries sustained. The wound certificate/Ex.P5 would indicate that the claimant has suffered swelling and deformity on left hand and abrasion over the forehead. Further, the X-rays show fracture of III and IV meta carpal. But, the claimant was not treated as inpatient, but he had taken treatment as outpatient.
11. Looking to the injuries suffered and treatment taken by the claimant, I am of the view that the claimant would be entitled for a sum of Rs.15,000/- globally in addition to the compensation awarded by the Tribunal at Rs.30,306/-. Thus, the claimant would be entitled to total compensation of Rs.45,306/- with interest at the rate of 6% p.a., from the date of petition till realization.
12. Accordingly, the appeal is allowed in part. The judgment and award dated 31.10.2014 in MVC No.1467/2013 on the file of the II Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal at Hassan is modified to the above extent. The claimant would be entitled to enhanced compensation of Rs.15,000/- globally.
This Court, by order dated 13.07.2017 condoned the delay of 302 days delay in filing the appeal, subject to denial of interest, in case the appellant were to succeed in the appeal. Hence, the appellant would not be entitled to interest for the delayed period of 302 days on the enhanced compensation.
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