IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.9892/2013 [MV] BETWEEN:
M R MANJUNATHA @ MANJANNA S/O RANGAPPA AGED ABOUT 36 YEARS AGRICULTURIST MALLUR VILLAGE R/O MALLAPURA VILLAGE CHITRADURGA TALUK-577501.
...APPELLANT (BY SMT. SUNANDA SARKAR, ADV. FOR SRI. DEEPAK J, ADV.) AND:
1. SHIVAJI RAO S/O DANDOJI RAO MAJOR OWNER OF TRAX BEARING REGISTRATION NO.KA-36 MA-7861 R/O RASHMI SHAMIYANA SUPPLIERS KHANA HOSAHALLI KUDILIGI TALUK-583135.
2. THE MANAGER IFFCO-TOKYO GENERAL INSURANCE COMPANY LIMITED LATERAL SPREAD CENTER 1ST FLOOR RAGHAVA KRISHNA COMPLEX K.C. ROAD, BELLARY-583101.
(BY SRI.D VIJAYAKUMAR, ADV. FOR R2 R1- APPEAL AGAINST R1 DISMISSED AS ABATED V/O DT:06.12.2017) …RESPONDENTS THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2013 PASSED IN MVC NO.1982/2009 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant is in appeal praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under the judgment and award dated 01.04.2013 in MVC No.1982/2009 on the file of the Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal, Chitradurga (hereinafter referred to as 'the Tribunal' for short).
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental injuries suffered by the claimant in a road traffic accident. The claimant was aged 32 years. It is stated that on 03.10.2007, when the claimant was traveling in a tempo trax bearing registration No.KA- 36/MA-7861, the driver of the trax drove the same in a rash and negligent manner and dashed against a KSRTC bus. Due to which, the claimant sustained severe injuries all over the body. He was immediately taken to Primary Health Center, Hosur and thereafter to CG hospital, Davanagere. It is stated that the claimant was an agriculturist and due to accidental injuries, he is not in a position to do agricultural work as he was doing prior to the accident.
3. On issuance of notice, respondents appeared before the tribunal and filed their objections denying the claim petition averments. Respondent No.1 in his statement contended that the vehicle is insured with the second respondent and policy was in force. Respondent No.2/insurer contended that the accident occurred solely due to the negligence on the part of the driver of the Tempo Trax and he was not having valid and effective driving licence as on the date of accident. Further it is contended that the compensation claimed by the claimant is excessive and exorbitant.
4. The claimant examined himself as P.W.1 and marked Ex.P1 to Ex.P5. The respondent/insurer examined R.W.1 and marked the documents as Ex.R1 to Ex.R5.
5. The Tribunal, on appreciating the material on record awarded total compensation of Rs.45,000/- with interest at the rate of 6% p.a., on the following heads.
1.Injury, pain and sufferings mentioned in Ex.P3 :: Rs.25,000/-
2.Medical, incidental and Misc.
expenses :: Rs. 5,000/-
3.Loss of amenities :: Rs.15,000/-
Total Rs.45,000/-
The claimant, being dissatisfied with the quantum of compensation awarded by the tribunal is before this Court in this appeal.
6. After hearing the learned counsel for the parties and on perusal of the material on record, the only point which falls for consideration in this appeal is as to “whether the claimant would be entitled for enhanced compensation in the facts and circumstances of the case?”
7. Answer to the above point is partly in the affirmative for the following reasons:
The accident occurred on 03.10.2007 involving the Tempo Trax bearing registration No.KA-36/MA-7861 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant is before this Court praying for enhancement of compensation. The claimant has placed on record Ex.P3/wound certificate which indicates that the claimant had suffered fracture of 6th, 7th and 8th ribs of left side. He has taken treatment at Government Hospital as inpatient for 10 days. The claimant has not examined the doctor. Taking note of the injuries sustained by the claimant and nature of treatment taken, the tribunal has awarded adequate compensation on the head of pain and suffering and medical and other incidental expenses as also on loss of amenities. The tribunal has not awarded any compensation on the head of conveyance, food and nourishment as the claimant was inpatient for 10 days for treatment. The claimant has suffered fracture of 6th 7th and 8th ribs; pain and tenderness; swelling on left knee for which, the claimant would be entitled for a sum of Rs.15,000/- in addition to Rs.45,000/- awarded by the Tribunal with interest at the rate of 6% p.a.
8. Accordingly, the appeal is allowed in part. The judgment and award dated 01.04.2013 in MVC No.1982/2009 on the file of the Additional District and Sessions Judge and Additional MACT, Chitradurga is modified. The claimant would be entitled for enhanced compensation of Rs.15,000/- with interest at the rate of 6% p.a., in addition to Rs.45,000/- awarded by the tribunal.
Sd/-
JUDGE mpk/-* CT:bms