IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APEAL NO.3922 OF 2016 (MV) BETWEEN MR HARSHITHGOWDA M R S/O. MAHADEVEGOWDA, AGED ABOUT 19 YEARS, R/O. CHANDRAPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 401. ... APPELLANT (BY SRI MARI GOWDA, ADV.) AND 1.SRI HONNEGOWDA H V S/O.H.VENKATEGOWDA, AGED ABOUT 46 YEARS, R/AT. HUSKUR VILLAGE & POST, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571401.
2.THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.846, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR, MYSORE-570023. ... RESPONDENTS (BY SRI E I SANMATHI FOR R2; NOTICE TO R1 SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.11.2015 PASSED IN MVC NO.1436/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, & MACT, MADDUR, 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:
JUDGMENT For the injuries suffered in the road traffic accident that took place on 01.10.2014, the appellant herein made claim petition before the Senior Civil Judge and Motor Accident Claims Tribunal, Maddur. The Tribunal, by its judgment and award dated 06.11.2015 passed in MVC No.1436/2014 awarded compensation of Rs.5,89,000/- with interest at 7% per annum. Being not satisfied with the compensation awarded, the appellant is before this Court in this appeal seeking enhancement.
2. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is on the lower side. He also submits that before the accident the appellant was hale and healthy and he was studying in 1st year PUC. Apart from that he was supplying milk and distributing news papers in the early morning and was earning a sum of Rs.6,000/- per month. Now he cannot do any work as earlier. He further submits that he was treated as an inpatient from 01.10.2014 to 17.10.2014 and till now the appellant is taking treatment. As per the doctor P.W.2, the appellant has got global disability of 40% with regard to the fracture and injuries sustained. He requires Rs.1,50,000/- for future medical expenses. The Tribunal has not awarded any compensation under the said head. This unfortunate incident has taken toll on his future. Hence, he prays for allowing the appeal by suitably enhancing the compensation.
3. The learned counsel for the respondent-insurer supports the award of the Tribunal. He submits that the Tribunal has awarded the compensation based on the oral and documentary evidence placed before it, and hence, there is no scope for interference in this appeal.
4. Heard the learned counsel for the parties and gone through the judgment of the Tribunal. The accident is not in dispute. As per the evidence of doctor-P.W.2, a consultant Neuro Sugeon at B.G.S. Global Hospital deposed that in the accident the claimant had sustained right temporal comminuted depressed fracture with underlying contusion. He had undergone right fronto tempero pariental decompressive hemi craniotomy on 02.10.2014 and on 26.12.2014 he underwent bone flap replacement at Vikram Hospital Mysore. Subsequently, developed bone flap had been removed on 14.01.2015 at B.G.S. Global Hospital Bangalore He further deposed that the appellant has come for cranioplasty on local examination he has been detected with post craniectomy defect. The C.T. brain dated 13.01.2015 status post right fronto-parietal craniotomy with parietal temporal cranectomy-
12 X 9.9 X 3.3 c.m. Peripherally enhancing extra dural collection with few air foci seen along with the right fronto/parietal craniotomy site which is causing mass effect in the form of effacement of the sulci and midline shift (-4mm) towards left side. Large hypodense area seen in the right tempero-parietal reagion s/o Gliotic changes. He underwent right cranioplasti (titaniumesh) under GA on 17.08.2015 and opined the appellant has got global disability of 40% and in support of his evidence he has produced Ex.P.18 to Ex.P.20.
5. The claim of the claimant in the claim petition was that he was earning Rs.6,000/- per month and studying II PUC and now because of the injury suffered, he has lost his education for certain period of time and also income. It is also seen that the Tribunal has awarded just and reasonable compensation and also considering the fact that the injured was a student at the time of accident has taken the notional income and has awarded reasonable compensation under the head loss of earning on account of permanent disability. Be that as it may, in the facts and circumstances of the case and also considering the age of the appellant and the fact that the Tribunal has not awarded any amount towards future medical treatment, I am of the opinion that the accident in question has put his bright future in hardship and by awarding another sum of Rs.15,000/- globally would meet the ends of justice. Accordingly, it is awarded. It is made clear that the enhanced compensation does not carry any interest. Entire amount to be credited to the account of the claimant..
In the result, appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE HR