IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM MFA NO.11884/2011[MV-I] BETWEEN:
HASANABBA S/O. GULAM AGED ABOUT 48 YEARS R/AT. CHITHAMANE, MELANGADI, ULLALA DARGA ROAD, ULLALA MANGALORE, D.K.,-575 001 … APPELLANT [BY SRI. KRISHNAMOORTHY.D, ADVOCATE] AND:
1 MRS. BABY S. NAIR AGED ABOUT 55 YEARS W/O. SHANKER NAYAK RESIDING AT KOLAMPADY, KASARAGOD, KERALA STATE – 58134 2 THE ORIENTAL INSURANCE COMPANY LTD., CITY POINT BUILDING PRESS CLUB JUNCTION, M.G. ROAD, KASARAGOD, KERALA STATE – 58134 REP. BY ITS MANAGER … RESPONDENTS [BY SRI. M. ARUN PONNAPPA, ADVOCATE FOR R-2; R-1 IS SERVED AND UNREPRESENTED] THIS APPEAL IS FILED UNDER SECTION 173[1] OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.10.2011 PASSED IN MVC NO.1106/2009 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT The claimant in MVC No.1106/2009 on the file of the Principal District Judge & Motor Accident Claims Tribunal, Dakshina Kannada, Mangaluru, has come up in this appeal, seeking enhancement of compensation. Admittedly, the appellant herein was claimant in MVC No.1106/2009 wherein he would seek compensation in a sum of Rs.20,00,000/-, for the injuries alleged to have suffered by him in a road traffic accident dated 8.6.2009 at 9 am near Yekkur, Kankanady, Mangaluru Taluk.
2. The petition averments would indicate that the claimant was fare paying passenger in a bus bearing registration No.KL-14C-5709 belonging to the Respondent No.1 before the Tribunal and insured with the Respondent No.2 therein. The material on record would indicate that the claimant suffered in all, seven injuries, which are, cerebral concussional injury to brain, Pneumothorax on the right side, fracture of 3rd, 5th and 6th ribs on right side, fracture of 2nd, 3rd and 4th ribs on left side, tenderness and swelling over the right temporal area, Sub dural haemorrhage present bilaterally, Intra parenchymal bleed on the left temporal lobe.
3. In the proceedings before the Tribunal, the claimant has examined himself as PW.1 and got marked 115 documents in support of his claim. He also examined a Doctor by name Suresh Mankar of Yenepoya Medical College, Deralakatte, Mangaluru, and tried to demonstrate that the claimant has suffered whole body disablement to an extent of 25%. Though the Court below believed the accident and injuries suffered therein, the disability as stated and also income of the injured was not accepted. Therefore, the Tribunal took up the income of the injured notionally at Rs.3,000/- per month and consequently awarded compensation in a sum of Rs.2,47,000/- under the following heads:
Being aggrieved, the claimant has come up in this appeal seeking enhancement.
4. After going through the material available on record and also giving due consideration to the grounds urged in the appeal memo as also the lower court records, this Court is of the opinion that in the fact situation, another Rs.53,000/- additional compensation would be just and proper which the claimant shall be entitled to receive with interest at 6% per annum.
5. With such observation, this appeal is allowed in part, enhancing the compensation amount from Rs.2,47,000/- to Rs.3,00,000/-. The enhanced compensation amount of Rs.53,000/- along with interest at 6% per annum from the date of the claim petition till the date of realization, shall be deposited by the contesting Respondent No.2-Insurer within four weeks from the date of receipt of copy of this Judgment. The same shall be released in favour of the appellant.
Sd/- JUDGE AN/-
Sd/- JUDGE