IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.312/2019(MV) BETWEEN:
Mr. K G ANUROOP DEV S/O K GOPAL AGE 21 YEARS STUDENT R/O SUBHASHNAGAR KADUR TOWN CHIKKAMAGALURU DISTRICT.
...APPELLANT (BY SMT. B N MANJULA, FOR SRI NAGARAJA R C, ADVOCATE) AND:
1 . MANJUNATH K S/O R KEMPAIAH, AGE: MAJOR R/O No.137, CHANDRAPPA CIRCLE MAGADI BENGALURU RURAL-560 120.
2 . NATIONAL INSURANCE CO. LTD., TATA PEBU, DEPARTMENT OF MOTOR TIE UP BUSINESS, ROYAL INSURANCE BUILDING 2ND FLOOR, 14, J .TATA ROAD CHURCHGATE MUMBAI MAHARASHTRA-400 038.
REP. BY ITS BRANCH MANAGER.
... RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV AGAINST THE JUDGMENT AND AWARD DATED:04.09.2018, PASSED IN MVC No.136/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALUR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The matter is listed for orders, Considering the nature and circumstances of the case, I.A.No.1/2019 is allowed. Delay of 20 days in filing the appeal is condoned. The matter is taken up for final disposal.
2. This appeal by the appellant/claimant is directed against the judgment and award dated 04.09.2018 passed by the Senior Civil Judge and MMACT, Kadur, in MVC No.136/2014, wherein, the claim petition came to be allowed in part granting a sum of Rs.3,12,660/- with interest at 7% p.a. from the date of petition till its realization seeking enhancement of compensation.
3. In order to avoid confusion and overlapping, the parties are addressed in accordance with the ranks assigned to them before the Tribunal.
4. The details of the accident are: On 9.8.2014 at about 6.45 p.m. the son of petitioners in MVC No.134/2014 NIhal S. Devang was coming with his friend Anuroop Dev who is the petitioner in MVC NO.136/2014 in a Bajaj Pulsar Motor Cycle from Birur to Kadur APMC on NH 206 and when they reached near Kanaka Steel Hardwarae, a TATA Nano CX motor car bearing Registration No.KA.41.P-8113 came from opposite direction driven in a rash and negligent manner and dashed against the motor cycle on which petitioner was traveling. Because of which, they sustained serious injuries. Immediately, they were shifted to Kadur Government Hospital, and as per the advice of the Doctor petitioner was shifted to Sahyadri Narayana Multi Specialty Hospital, Shivamogga, where he took treatment as inpatient from 9.8.2013 to 19.8.2013 and spent a sum of Rs.1,50,000/- towards medical treatment and Rs.20,000/- towards traveling expenses. Therefore the claimant sought for compensation of Rs.10,00,000/-.
5. Respondents contested the claim of the petitioner.
6. The learned Member adjudicated the matter considering the oral evidence of claimant who was examined as PW2 and relevant documents produced, awarded the compensation of Rs.3,12,660/- together with interest. The break up compensation is as under:
7. The same is challenged in this appeal by petitioner and seeks for enhancement.
8. I have heard learned counsel for petitioner/appellant and perused the judgment and award passed by the learned Member.
It is the submission of the learned counsel for the petitioner that income assessed is on the lower side and the compensation awarded is insufficient and it requires enhancement.
9. Ex.P18-Wound certificate discloses that petitioner sustained deep cut incised wound on the frontal region extending left to right eye, abrasion on right knee, left knee joint swollen and movement restricted and swelling on the left TM joint and according to Doctor injury No.3 is grievous in nature. Petitioner has also examined Dr.Madhusudhan N. Neuro surgeon on commission as CW1 and according to him, petitioner has 40% mild neuro behavioral disability and if it applied to whole body it comes to 13%.
10. The learned member considering the income of the petitioner at Rs.150/- per day and nature of injuries sustained and percentage of disability suffered by the petitioner awarded the compensation of Rs.3,12,660/- under different heads as mentioned above. In the context and circumstances of the case, considering the accident and nature of injuries sustained by the petitioner as stated above, the said compensation of Rs.3,12,660/- granted by the learned Member appears to be fair and just and it does not call for interference by this Court by enhancing the same. Hence, the appeal is liable to be rejected at threshold and accordingly, it is rejected.
Sd/- JUDGE tsn*