IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL No.11524 OF 2012 (MV) BETWEEN:
KRISHNAPPA, S/O LATE RANGAPPA, AGED ABOUT 48 YEARS, R/AT GEJJIGALPALYA, SOLUR (HOBLI), MAGADI (TALUK), RAMNAGAR (DISTRICT) – 581 453.
(BY SRI. SHRIPAD V. SHASTRI, ADV.,) AND:
1. THE NEW INDIA ASSURANCE CO. LTD., VOKKALIGARA SANGHA COMPLEX, 5TH FLOOR, HUDSON CIRCLE, BANGALORE – 560 027.
BY ITS MANAGER.
2. MS.D.SELVI, S.R.INDUSTRIES, NO.7, AROKIAPPA LAYOUT, SELVI NILAYA, TAHNISANDRA, …APPELLANT KAMMANAHALLI, ST.THOMAS TOWN POST, BANGALORE – 78.
…RESPONDENTS (BY SRI.G.N.RAJENDRA, ADV. FOR R1 – ABSENT; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 14.08.2015) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.09.2012 PASSED IN MVC NO.7792/2011 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by claimant challenging the Judgment and Award dated 13.09.2012 passed by MACT, XIV Addl. Judge, Court of Small Causes (SCCH-10), Bengaluru, whereby Tribunal has granted a compensation of Rs.27,000/-.
2. Brief facts of the case are that on 25.06.2011, appellant was crossing the road from southern side to northern side. At that time, a tempo bearing registration No.KA-53/1193 came from the western side at a very high speed and dashed against the appellant. Due to the impact, appellant fell down, sustained grievous injuries on his body. Immediately appellant was shifted to Mysore Hospital wherein first-aid treatment was given and further shifted to Panacea Hospital and he was treated as in- patient for one day. After recovering from the injury, the appellant – claimant filed MVC No.7792/2011 before the MACT. To establish his case, he got himself examined as PW-1 and marked ten documents as Exs.P1 to P10. On the other hand, Insurance company has not examined any witnesses, but marked one document i.e. Insurance Policy as Ex.R1. On appreciation of oral and documentary evidence, the Tribunal has granted a compensation of Rs.27,000/- with interest at 6% per annum from the date of petition till payment. Being aggrieved by the same, claimant has filed this appeal seeking enhancement of compensation.
3. Learned counsel for the appellant – claimant submits that at the time of accident, the claimant was aged about 47 years and working as a Writer and was earning Rs.8,000/- per month. Due to the accident, he suffered grievous injuries and was treated as in-patient for one day. He has spent more than Rs.75,000/- towards medical expenses. The Tribunal is not justified in granting only a sum of Rs.27,000/- as total compensation.
4. Per contra, learned counsel appearing for the Insurance company submits that the Tribunal after considering the oral and documentary evidence has rightly granted the just compensation and hence, the appeal may be dismissed.
5. Having heard the learned counsel for the parties, it is not in dispute that the appellant was injured due to the accident occurred on 25.06.2011 on account of the rash and negligent driving by the driver of the Tempo bearing registration No.KA-53/1193. Appellant – claimant has suffered cut injury over right forehead and concussive head injury as is evident from Exs.P5 – wound certificate and Ex.P6 – discharge summary. Hence, the Tribunal is not justified in granting only Rs.2,000/- each under the categories ‘pain and suffering’, ‘loss of amenities’ and ‘loss of earning during treatment period’.
6. Under these circumstances, this Court is of the opinion that the sum awarded under the category ‘pain and suffering’ has to be enhanced by Rs.10,000/- and the sum awarded under the category ‘loss of amenities’ has to be enhanced by Rs.10,000/-. Further the sum awarded towards ‘loss of earning during treatment period’ has to be enhanced by Rs.5,000/-.
Accordingly, the appeal is allowed in part. The compensation awarded by the Tribunal is modified as follows:
HEADS AMOUNT Pain and suffering Rs.12,000/- Medical expenses & incidental charges Rs.21,000/- Loss of amenities & future discomfort Rs.12,000/- Loss of earning during treatment period Rs. 7,000/-
Total Rs.52,000/-
The Judgment and Award passed by the Tribunal accordingly stands modified. The appellant – claimant is entitled to a total compensation of Rs.52,000/- as against Rs.27,000/- granted by the Tribunal with interest at 6% p.a. from the date of petition till the date of payment. The Insurance company is directed to deposit the compensation amount before the Tribunal within six weeks from the date of receipt of a copy of this Judgment. The Tribunal is directed to disburse the entire compensation amount to the claimant after due identification.
Sd/- JUDGE sac*