IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.2439/2010 (MV) BETWEEN:
SMT. L. INDIRA W/O SRI MUDDAGANGAIAH AGED ABOUT 40 YEARS R/O C/O SHRI SHIVAKUMARASWAMY NO.46, HEROHALLI NEAR BBMP OFFICE VISHWANIDAM POST BANGALORE – 91 (BY SRI D.S. SRIDHAR, ADVOCATE) AND:
THE MANAGING DIRECTOR K.S.R.T.C.
K.H. ROAD SHANTHINAGAR BANGALORE – 27 (BY SMT. H.R. RENUKA, ADVOCATE) ... APPELLANT ... RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2010 PASSED IN MVC.NO.320/2009 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSE JUDGE, MEMBER MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant suffered injuries in an accident that took place on the intervening night of 17th and 18th October, 2008 at about 3 ’o’ clock on NH-48 when the driver of KSRTC bus bearing registration No.KA-06 F-0475, in which the appellant was travelling as a passenger, drove the vehicle in a rash and negligent manner and dashed against a bridge wall causing accident.
3. On account of the accident, the appellant suffered fracture of costo choudral junction of 5th rib right side and tenderness on left leg as per ExP.11 –wound certificate. She was aged 40 years at the time of accident and was earning Rs.6,000/- p.m. by doing tailoring work. She has produced 6 medical bills, which disclose that she incurred medical expenses to the extent of Rs.1,346/-, but has not examined the doctor. In the absence of any evidence of doctor and cogent evidence regarding loss of earnings or body disability, the Tribunal awarded global compensation of Rs.25,000/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal, the appellant is before this Court.
4. I have heard learned counsel for the parties and gone through the papers made available.
5. Though the appellant had suffered fracture of costo choudral junction of 5th rib right side and tenderness on left leg, but has not examined the doctor who treated her. However, she must have suffered considerable pain and must have spent some amount for treatment and incidental expenses. Under these circumstances, this Court is of the view that if the global compensation awarded by the Tribunal is enhanced by another Rs.20,000/-, it would meet the ends of justice.
6. Accordingly, this appeal is disposed of by enhancing the global compensation from Rs.25,000/- to Rs.45,000/-.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv