IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A.No.4747 OF 2018 (MV) BETWEEN:
LAKSHMI,W/o. CHANDRAIAH, AGED ABOUT 34 YEARS, R/AT SOWDENAHALLI VILLAGE, MANDYA TQ AND DISTRICT-571407.
(BY SRI. SREENIVASAN.M.Y, ADV.,) AND:
MANAGING DIRECTOR / DIVISIONAL CONTROLLER, OWNER OF KSRTC BUS, R/P BY DIVISIONAL CONTROLLER, KSRTC BUS STAND, BESIDE M.C.ROAD, MANDYA-571401.
(BY SRI. K. NAGARAJA, ADV.,) ... APPELLANT ... RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD PASSED BY PRL. SENIOR CIVIL JUDGE & MACT AT MANDYA IN M.V.C.1437/2014 ON 20/12/2017, THEREBY ENHANCING THE COMPENSATION SUITABLY WITH INTEREST, GRANT SUCH OTHER RELIEFS IN FAVOUR OF THE APPELLANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the matter is listed for admission, with consent of both the parties, the same is heard for final disposal.
2. The injured-claimant has preferred this appeal, being not satisfied with the quantum of compensation awarded in the impugned judgment dated 20/12/2017 passed by the Principal Senior Civil Judge and MACT, Mandya, in MVC No.1437/2014 seeking enhancement of compensation.
3. The factual matrix of this appeal are that on 24/01/2013 she along with other passengers were travelling from Soudenahalli towards Gejjalagere in an autorickshaw bearing No.KA-11/A-3539. When the said autorickshaw was going on Mudaganduru-Shivahalli Road, near Mada Village VC Canal, a KSRTC bus bearing Reg.No.KA-09/F-3877 driven by its driver in a rash and negligent manner dashed against their auto, due to which, she fell down on the road and sustained grievous injuries. Therefore, she filed a claim petition seeking compensation of Rs. 17,00,000/-.
4. After service of notice, the owner of the offending vehicle as well as the insurer appeared before the tribunal, filed their written statement and contested the claim petition. During trial before the tribunal, the claimant has established the occurrence of the accident, actionable negligence on the part of the driver of the offending vehicle and its insurance coverage and the same has remained unchallenged either by the owner of the vehicle or by the insurer.
5. The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the driver of the offending vehicle and consequently awarded total compensation of Rs.52,000/- with interest at 6% per annum from the date of petition till the date of realization under the following heads.
Sl Headings Amount No Rs.
6. The learned counsel for the appellant vehemently submitted that the tribunal erred in assessing the income of the injured at Rs.7,500/- per month and that the compensation awarded towards other heads are on the lower side and prays for enhancement of compensation.
7. Per contra, the learned counsel appearing for the insurer submitted that the tribunal, on appreciation of the evidence and material on record has rightly assessed the income of the injured and awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal.
8. On careful evaluation of the material on record, it is seen that the injured claimant had sustained fracture to her nasal bones and took treatment by spending Rs.2,000,00/- and Rs.1,00,000/- towards food, diet, transport and attendant. Under such circumstances, having regard to the nature of injuries sustained by the claimant, treatment undergone by the injured the compensation awarded by the tribunal is too meager. In the circumstances, global sum of Rs.40,000/- is awarded in addition to the compensation awarded by the Tribunal.
9. Accordingly, the appeal is allowed in part. The appellant is entitled for enhancement of compensation of Rs.40,000/- with interest at 6% p.a. Respondent-insurer shall deposit the enhanced compensation with interest before the tribunal within four weeks from the date of receipt of a certified copy of this judgment and on such deposit, the same shall be disbursed to the claimant, on proper identification.
There shall be no order as to the costs. Office to draw the decree accordingly.
Sd/- JUDGE Msu