IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE L. NARAYANA SWAMY M.F.A. NO.7838/2015 (MV) BETWEEN:
Mr. Kumar s/o late Narase Gowda aged about 39 years R/at Sankenahalli Village, Doddapura Post, Kasaba Hobli, Hassan District-573 118.
(By Sri P.P. Jayakumara, Advocate) ... Appellant AND:
1. Mr. Prakash S/o Somashekhara Muraduru Village Palya Hobli, Alur Taluk, Hassan District-573 218.
2. The Manager Reliance General Insurance Co. Ltd., Krutika Arcade, 1st Floor, Holenarasipura Road, Near N.R. Circle, Hassan City, Hassan-573 201.
(By Sri H.C. Betsur, Advocate for R2; R1-is dispensed with) … Respondents This MFA is filed under section 173(1) of MV Act against the judgment and award dated 06.07.2015 passed in MVC No.1840/2014 on the file of II Additional District and Sessions Judge and MACT, Hassan, 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:
J U D G M E N T This appeal by the appellant-claimant challenging the judgment and award dated 06.07.2015 passed by II Additional District and Sessions Judge and MACT, Hassan, in MVC No.1840/2014 seeking for enhancement of compensation.
2. The appellant has sustained injuries in a road traffic accident that occurred on 25.07.2014 at 4.45 p.m. while he was proceeding in a Hero Honda Splendor Motorbike bearing Registration No.KA.14 X.4297, while he was approached near Thattekere Village, the offending vehicle Maruthi Omni Car bearing Registration No.KA.04 P.4025 came in a rash and negligent manner, dashed against the motor bike belonging to the appellant-claimant. As a result of which the appellant sustained injuries and he was shifted to Government Hospital, Hassan for treatment. The appellant states that he has spent Rs.50,000/- towards medical expenses. He has stated in the claim petition that he was earning Rs.15,000/- per month.
3. As per the wound certificate Ex.P25 issued by Sri.Chamarajendra Hospital, Hassan, it reveals the following injuries:
1. Abrasion over right eyebrow 3x2x1 cms.
2. Laceration over right knee 4x2x1 cms.
3. Laceration over right thigh 4x2x1 cms.
4. Fracture over right heel calcaneuo.
4. In support of the wound certificate he has not examined the doctor. Considering the case of the appellant and also in the light of the judgment reported in ILR 2013 KAR 2645 in the case of KEMPEGOWDA AND ANOTHER Vs. SEENA AND ANOTHER, the Tribunal has assessed the income at Rs.5,000/- per month. Though he claimed that he has suffered loss of future earnings, the same has been rejected, since he could not examine the doctor.
5. The learned counsel for the appellant submits that the compensation awarded at Rs.41,494/- is on the lower side. He seeks for enhancement of compensation and to allow the appeal.
6. Per contra, learned counsel for the respondent No.2 submits that considering the nature of injuries sustained by the appellant, the Tribunal has awarded a just compensation and there is no scope for enhancement. Hence, he prays for dismissal of the appeal.
7. Heard the learned counsel for both the parties.
8. Considering the nature of injuries suffered in the accident, awarding of compensation under loss of future income does not arise, since he has not examined the doctor for the purpose of disability.
9. Considering the nature of injuries, avocation, towards pain and sufferings the Tribunal has awarded compensation of Rs.25,000/- which requires slight enhancement by awarding another Rs.10,000/-. Hence, the appellant claimant is entitled for Rs.35,000/- towards pain and sufferings.
Towards medical expenses Rs.9,782/- is awarded.
Same is retained. There is no scope for enhancement.
Towards food and nourishment and attendant charges Rs.10,000/- is awarded in place of Rs.6,000/- awarded by the Tribunal.
No compensation is awarded under the head amenities. Hence, towards loss of amenities Rs.20,000/- is awarded.
Towards laid up period a sum of Rs.15,000/- is awarded.
10. Hence, appellant claimant is entitled for a total compensation of Rs.89,782/- as against Rs.41,949/- awarded by the Tribunal, with interest at 6% per annum.
Accordingly, the appeal is allowed in part.
Sd/- JUDGE ap*