IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.1404/2014 [MV] BETWEEN:
KUM. PAVITHRA D/O SRI. THIMME GOWDA AGED ABOUT 26 YEARS R/AT NO.5, AJAY NILAYA NEAR NETHRAVATHI RESTAURANT THINDLU, VIDYARANYAPURA POST BANGALORE-560097.
(BY SRI.H.S.BUDDHA MANDELA REDDY, ADV. FOR SRI. SIDDAMALLAPPA P.M., ADV.) ...APPELLANT AND:
THE MANAGING DIRECTOR MOTOR CLAIMS HUB K.S.R.T.C. DIVISION NO.27, K.H.ROAD SHANTHINAGAR BANGALORE-560 027.
(BY SRI. K. NAGARAJA, ADV.) …RESPONDENT THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2013 PASSED IN MVC NO.3840/2011 ON THE FILE OF THE 10TH ADDITIONAL SMALL CAUSES JUDGE, 35TH ACMM, MACT, BANGALORE, 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:
J U D G M E N T The claimant is in appeal seeking enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 06.04.2013 passed in MVC No.3840/2011 on the file of X ASCJ and 35TH ACMM, MACT, Bangalore.
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident. It is stated that on 03.06.2011 when the claimant was proceeding as pillion rider on Motor Cycle bearing No.KA-05-EB-9048 on Richmond Road, Bangalore, a KSRTC Bus bearing Reg.No.KA-07-F-1370 driven in high speed, rash and negligent manner dashed to the claimants' motor cycle. As a result the claimant was thrown out, fell down and sustained grievous injuries. The claimant was working as a Chemist in Vishwas Environmental Laboratory earning a sum of Rs.15,000/- per month.
3. On issuance of summons the respondent – Corporation appeared and filed its written statement and denied the claim petition averments. It is stated that the accident took place solely due to the negligence of the rider of the motor cycle and there was no negligence on the part of the driver of the KSRTC Bus. It is also contended that the compensation claimed is exorbitant and excessive. The claimant examined herself as PW.1 and also examined the Doctor as PW.2, apart from marking the documents Exs.P1 to P15. No evidence was led on behalf of the respondent. The Tribunal on scrutiny of the material on record awarded global compensation of Rs.20,703/- along with interest
Not being satisfied with quantum of compensation awarded by the Tribunal, the appellant/claimant is in appeal before this Court seeking enhancement of compensation.
4. Heard the learned counsel for the appellant and learned counsel for the respondent - Corporation. Perused the entire material on record.
5. Learned counsel for the appellant would submit that the quantum of compensation awarded by the Tribunal is on the lower side when compared to the injuries suffered and treatment taken by the claimant. It is his submission that the claimant sustained fracture of the root and chown of the upper right central incisor and Root cannal half filled in the upper left central incisor. It is his further submission that the claimant has lost two teeths, which is grievous in nature. She took treatment as inpatient for two days at Republic Hospital, Bangalore. The compensation awarded towards the injuries suffered and treatment taken is on the lower side. Thus prays for enhancement of compensation.
6. Per contra, learned counsel for the respondent - Corporation submits that the Tribunal awarded just compensation which needs no interference. Thus he prays for dismissal of the appeal.
7. On hearing the learned counsel for the parties and on perusal of the material on record, the only point that arises for consideration is as to 'Whether the claimant would be entitled for enhancement of compensation in the facts and circumstances of the case?' The said point is answered partly in the affirmative for the following reasons :-
The occurrence of the accident on 03.06.2011 involving Motor Cycle bearing Reg.No.KA-05-EB-9048 and the KSRTC Bus bearing Reg.No.KA-07-F-1370 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant's appeal is for enhancement of compensation. The claimant has placed on record Ex.P.6 - the Wound Certificate and Ex.P.9 - the discharge summary, which would establish the injuries suffered and the treatment taken by the claimant. She has suffered the injuries as stated above. Ex.P.9 - the Discharge Summary of Republic Hospital, where she was inpatient for 2 days indicates the treatment taken by her. The Tribunal awarded only Rs.5,000/- for the grievous injuries suffered by the claimant apart from Rs.3,000/- on the head of ‘attendant charges, food and nourishment’ and awarded Rs.12,703/- towards medical expenses. The compensation awarded by the Tribunal is on the lower side when compared to the injuries sustained by the claimant and treatment taken by her. Therefore, I am of the view, that the claimant would be entitled for global compensation of Rs.25,000/- in addition to Rs.20,703/- awarded by the Tribunal. Thus, the claimant would be entitled for modified compensation of Rs.45,703/- with interest at the rate of 8% per annum from the date of petition till the date of realization.
8. The judgment and award passed by the Tribunal is modified to the above extent. Accordingly, the appeal is allowed in part.
9. By order dated 03.04.2017 delay of 202 days in filing the appeal was condoned subject to the condition that the appellant would not be entitled for the interest for the delayed period. Accordingly, the appellant would not be entitled for the interest for the delayed period of 202 days.
Sd/- JUDGE NG*/SMJ CT:bms