IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 5264/2012 (MV) BETWEEN:
MANJUNATH K.P. S/O ESHWARAPPA AGED ABOUT 44 YEARS, NO.77 K.S.COLONY, 2ND BLOCK THYAGARAJANAGAR BANGALORE-28 (BY SRI C PUTTASWAMY, ADVOCATE) AND 1.THE BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., LEGAL OFFICE NO.31, TBR TOWERS ADJ TO JAIN COLLEGE & BANGALORE STOCK EXCHANGE 1ST CROSS, NEW MISSION ROAD BANGALORE-02 (REPRESENTED BY ITS MANAGER) 2.H.C.DHANAJAYA S/O CHANNAMUTHAIAH, MAJOR HEMMAGEPURA VIDYAPEETA POST, KENGERI BANGALORE-60 (BY SRI P B RAJU, ADVOCATE FOR R-1;
... APPELLANT ... RESPONDENTS NOTICE TO R-2 DISPENSED WITH V/O DT. 09.01.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16/02/2012 PASSED IN MVC NO.4002/2009 ON THE FILE OF IV ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, 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 sustained multiple injuries in an accident that took place on 11.12.2008 at 10.30 a.m. near Madhu Petrol Bunk on Mysore road while he was riding his motor cycle bearing registration No.KA-05/EA-8369 when the rider of motor cycle bearing registration No.KA-02/Ex.2327 came in a high speed rashly and negligently and dashed against the appellant’s motor cycle. The appellant was working as a conductor in BMTC and was getting a monthly salary of Rs.10,000/- at the time of accident.
3. The Tribunal, having regard to the nature of injuries sustained by the appellant and considering the evidence on record, awarded total compensation of Rs.39,000/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal under the conventional heads, the appellant has filed this appeal.
4. I have heard learned counsel for the parties and have gone through the papers made available.
5. A perusal of the material on record discloses that the appellant was treated as an inpatient in Jayanagar Government General hospital and Mathru hospital. Injury Nos.1 and 2 were simple in nature and injury No.3 was grievous one. The nature of injuries sustained by the appellant makes out that he must have suffered pain and agony and must have spent considerable amount towards medical expenses, conveyance expenses and attendant charges. In the circumstances, if another sum of Rs.50,000/- is awarded globally in addition to what has been awarded by the Tribunal, it would meet the ends of justice.
6. Accordingly, this appeal is allowed in part to the extent indicated above.
It is made clear that the enhanced compensation shall not carry any interest.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv