IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No.1711/2016 (MVC) BETWEEN:
M. R. SANJAY S/O. LATE DOCTOR M.C. SWAMY, AGED ABOUT 34 YEARS, R/AT 1ST CROSS, EASTERN EXTENSION, NEHRU NAGAR, MANDYA CITY, PIN-571 401.
(BY SRI. RAJA L, ADV.) AND 1. H. S. ASHOKA W/O. SHIVALINGAIAH, R/AT NO.34, ATHAGUR VILLAGE POST AND HOBLI, MADDUR TALUK, MANDYA DISTRICT.
2. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., V.V. ROAD, MANDYA CITY, MANDYA DISTRICT-571 401.
... APPELLANT (BY SRI. A RAVISHANKAR & SMT.H.C.LOKESHWARI, ADV. FOR R2) ... RESPONDENTS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.11.2015 PASSED IN MVC NO.353/2011 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant challenging the judgment and award dated 30.11.2015 passed by the II Addl. Senior Civil Judge & Addl. MACT, Mandya in MVC 353/2011.
2. Brief facts of the case:
On 7.4.2011 at about 4.00 p.m. when the claimant was riding motorcycle bearing Registration No.KA-11-U- 1382 from Maddur towards Kestur village on the left side of the Maddur-Tumkur main road near Yeraganahalli Village, another motorcycle bearing Registration No.KA- 11-S-9919 came in a rash and negligent manner and dashed against his motorcycle. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1 and submitted 13 documents. On the other hand, the Insurance Company neither examined any witnesses nor produced any documents. The doctor was examined as CW-1. After appreciation of the evidence, the Tribunal granted compensation of Rs.36,700/- with interest at 9% p.a. Being aggrieved by the same, the present appeal is filed.
3. The learned counsel for the claimant has raised the following contentions:
Firstly, as per wound certificate Ex.P-5, the claimant has suffered injuries such as (1) contusive lacerated wound 4x3 cm over the right eyebrow (2) bleeding from nose (3) 1x2 cm on forehead (4) leforte-II fracture. But, but the Tribunal has awarded a meager compensation of Rs.20,000/- under the head "pain and sufferings".
Secondly, the doctor has been examined as CW-1. In his evidence, he has stated that the claimant has suffered 50% of functional and permanent disability to Maxillo facial skeleton. But the Tribunal has not granted any compensation under the head “loss of future income”.
Thirdly, the claimant was treated as inpatient for a period of 12 days. But the Tribunal has granted as merely as Rs.5,000/- under the head “attendant, conveyance and nourishment and other incidental expenses”.
Fourthly, due to the accident, the claimant has suffered disfigurement in the face and other parts of the body. The Tribunal has granted a meager compensation of Rs.6,000/- under the "loss of amenities".
With this, the learned counsel for the claimant prays for allowing the appeal.
4. Per contra, the learned counsel for the Insurance Company submits that after recovering from the injuries, the claimant has continued his job and there is no loss of employment. Therefore, he is not entitled for compensation under the head “loss of future income”. Further, the Tribunal considering the materials and evidence on record, has rightly awarded just and reasonable compensation. Therefore, he prays for dismissal of the appeal.
5. Heard the learned counsel for the parties.
Perused the records.
6. It is not in dispute that the claimant had sustained injuries in a road traffic accident occurred on 7.4.2011 due to rash and negligent riding of the motorcycle bearing Registration No.KA-11-S-9919 by its rider.
Taking into consideration the admitted fact that the injuries sustained by the claimant in the accident does not affect his work and that he has continued his job, the Tribunal has rightly not awarded any compensation under the head “loss of future income”.
In addition to the injuries mentioned in the wound certificate, the claimant has sustained peri orbital edimma of the right side and multiple fractures. Considering the same, compensation of Rs.20,000/- awarded by the Tribunal under the head "pain and sufferings" is on the lower side and hence, the same is enhanced to Rs.50,000/-
The claimant was treated as inpatient for a period of 12 days in the hospital. Considering the duration of treatment, a sum of Rs.25,000/- is awarded under the head “incidental expenses” as against Rs.5,000/- awarded by the Tribunal.
CW-1, the doctor in his evidence has stated that the claimant has suffered 50% of functional and permanent disability to Maxillo facial skeleton. Considering the nature of injuries and an amount of discomfort and unhappiness, the claimant has to undergo in his life, this Court enhances the compensation from Rs.6,000/- to Rs.50,000/- under the category of "loss of amenities".
7. For the reasons stated above, this appeal is partly allowed. The judgment and award dated 30.11.2015 passed by the II Addl. Senior Civil Judge & Addl. MACT, Mandya in MVC 353/2011, stands modified. The claimant is entitled to receive the following compensation:
8. The Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 9% per annum, from the date of filing of the claim petition till the date of realization, within a period of three weeks from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.
Sd/- JUDGE DM