IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY BETWEEN:
MFA No.4846 OF 2016 (MV) M. MANJUNATHA, S/O. MOODALAGIRIYAPPA, AGED ABOUT 29 YEARS, RESIDING AT 1ST CROSS, SHIVAKUMARASWAMIJI NAGAR, GOKULA BADAVANE, TUMKUR – 572 101.
(BY SRI. SHANTHARAJ K., ADV.) AND 1. PUTTANARASA REDDY B.N., S/O. B.N. NARAYANA REDDY, AGED ABOUT 51 YEARS, ADVOCATE, UPSTAIR LAKSHMINARKAYANA BUILDING, BEHIND HOTEL DWARAKA, M.G. ROAD, TUMKUR – 572 101.
2. THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, TUMKUR BRANCH, 1ST FLOOR, TUMKUR SHOPPING COMPLEX, B.H. ROAD, TUMKUR – 572 101.
... APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADV. FOR R-2 NOTICE TO R-1 D/W V/O DATED 25.10.2017) ... RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.07.2015 PASSED IN MVC NO.31/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is filed by the claimant/appellant challenging the judgment and award dated 17.07.2015 passed in MVC No.31/2013 on the file of the I Additional District and Sessions Judge and MACT, Tumkur.
2. By the impugned judgment and award, the Tribunal has awarded compensation of Rs.90,000/- with interest at 8% per annum from the date of petition till realisation.
3. Occurrence of accident, rash and negligent driving, involvement of the vehicle and liability are not in dispute. The appeal is confined to the quantum of compensation.
4. The appellant having suffered blunt trauma to the L.A. Knee and tenderness in left leg and his income was assessed at Rs.4,500/-, a total compensation as aforesaid was awarded by the Tribunal.
5. Learned counsel for the appellant submits that the appellant has suffered grievous injuries and taken treatment for 25 days and compensation awarded by the Tribunal is on the lower side. Hence, he seeks for enhancement of compensation.
6. Learned Counsel for the Insurance Company has supported the judgment and award and sought for dismissal of the appeal.
7. I have heard the Counsel on both sides and perused the records.
8. The appellant has not produced any documents to show that he was working and earning money and lost his income during treatment period. He has not examined doctor to prove his case with regard to injuries sustained, whereas the appellant has produced certain documents to show that he has taken treatment. The Tribunal considering the material on record has granted compensation of Rs.90,000/- under various heads.
9. The appellant has produced as many as 36 documents marked as Exs.P12 to 48 to show that he was under treatment for 25 days due to the injuries sustained by him in the accident. In view of the same, ends of justice would be met, if some global compensation is awarded. Accordingly, a sum of Rs.50,000/- is awarded as a global compensation in addition to Rs.90,000/- awarded by the Tribunal.
10. Therefore, the appellant is totally entitled for a total compensation of Rs.1,40,000/- with interest at 8% p.a. from the date of petition till the date of realisation.
11. Accordingly, I pass the following :ORDER:
Appeal is allowed in part. The judgment passed by the Tribunal is modified accordingly. The claimant is entitled to withdraw the same.
Sd/- JUDGE