IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MFA No.2030/2016 (MV) BETWEEN:
SMT.INDIRA W/O MARIYAPPA M AGED ABOUT 42 YEARS R/AT NO.160/C, 2ND CROSS DODDABASTHI MAIN ROAD BHUVANESHWARINAGAR BANGALORE SOUTH BANGALORE – 560 056 (BY SRI. H.B. SOMAPUR, ADV.) AND:
1. M/S. THE ORIENTAL INSURANCE CO. LTD BY ITS MANAGER BO – PEENYA, VP-IV, 1ST “A” CROSS POLICE STATION ROAD, 1ST STAGE PEENYA INDUSTRIAL ESTATE BANGALORE – 58 2. SRI. RAGHUNATH M S/O MARIYAPPA NO.179, 3RD STAGE BHUVANESHWARI NAGAR BANGALORE – 560 056 ... APPELLANT ... RESPONDENTS (BY SRI. S. SREESHAILA, ADV.,) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.09.2015 PASSED IN MVC NO.3679/2014 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, PARTLY 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 This appeal is filed by the claimant/appellant challenging the judgment and award dated 23.09.2015 passed in MVC No.3679/2014 on the file of the MACT, Bengaluru.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.10,750/- with interest at 6% per annum from the date of petition till realisation.
3. Occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The appeal is confined to the quantum of compensation.
4. The appellant having sustained simple injuries, a total compensation of Rs.10,750/- has been awarded by the Tribunal.
5. Learned counsel for the appellant submits that the appellant has suffered grievous injuries and taken treatment for prolonged period and compensation on each of the heads is not granted. He submits that compensation awarded is on the lower side. Hence, he seeks for enhancement of compensation.
6. Learned Counsel for the Insurance Company has supported the judgment and award and sought for dismissal of the appeal.
7. I have heard the learned Counsel on both sides and perused the records.
8. The appellant has not produced any documents to show that she was working and earning money and lost her income during treatment period. She has not examined doctor to prove her case with regard to injuries sustained. Since the appellant has produced certain documents to show that she has taken treatment, compensation has to be awarded under the ‘incidental expenses’ Hence, ends of justice would be met, if a sum of Rs.10,000/- is awarded as a global compensation in addition to what has been awarded by the Tribunal. Accordingly, a sum of Rs.10,000/- is awarded as a global compensation in addition to Rs.10,750/- awarded by the Tribunal.
9. Therefore, the appellant is totally entitled for a compensation of Rs.20,750/- with interest at 6% p.a. from the date of petition till the date of realisation.
10. Accordingly, I pass the following :ORDER:
Appeal is allowed in part. The judgment passed by the Tribunal is modified accordingly. The claimant is entitled to withdraw the same.
Sd/- JUDGE VM