IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.No.142 OF 2014 (MV) BETWEEN MASTER KUSHAL M S/O MANMOHAN .J AGED ABOUT 7 YEARS R/AT NO.3, 5TH MAIN, CHAMARAJPET, 1ST CROSS, NANJAMBA AGRAHARA, BANGALORE-560018.
SINCE THE APPELLANT IS MINOR, REPRESENTED BY HIS FATHER AND REPRESENTED BY HIS FATHER MANMOHAN .J. S/O JAIKUMAR, AGED ABOUT 47 YEARS ... APPELLANT (BY SMT. SHWETHA RAVISHANKAR, ADVOCATE) AND 1. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, SVR COMPLEX, NO.89, II FLOOR, HOSUR MAIN ROAD, MADIEALA, BANGALORE-68 2. YAJNA NARAYANA ADIYA, S/O RAMACHANDRA ADIYA, AGED ABOUT 50 YEARS R/AT NO.1036, 3RD CROSS, 7TH MAIN, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BANGALORE-98.
(BY SRI. B PRADEEP, ADVOCATE FOR R1 ... RESPONDENTS R2 – NOTICE DISPENSED WITH V/O DT: 21-6-2019) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 05.09.2013 PASSED IN MVC NO.3962/2012 ON THE FILE OF THE XXI ACMM & XXIII ASCJ, BENGALURU, 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 The appellant is in appeal under Section 173(1) of the Motor Vehicles Act, not being satisfied with the quantum of compensation awarded under the judgment and award dated 05/9/2013 in M.V.C.No.3962/2012 on the file of the XXI ACMM & XXIII ASCJ, Bengaluru.
2. The claimant filed claim petition under Section 166 of Motor Vehicles Act, 1989, seeking compensation for the injuries sustained by him in a road traffic accident that occurred on 04-4-2012. It is stated that the claimant was standing on extreme left side of the road, the driver of Maruthi Van bearing Reg.No:KA-41:M-3507 came in a high speed with rash and negligent manner and dashed to the claimant. Due to which, the claimant sustained injuries. After the accident he was shifted to Amar Nursing Home and after providing first aid he was shifted to Shita Bhateja Hospital, wherein he took treatment as an inpatient. The claimant was studying in I Std. and due to the accidental injuries he has lost one academic year.
3. On service of notice, respondent No.1-Insurance Company appeared before the Tribunal and filed its statement of objections denying the averments of the petition. It is stated that the driver of the offending vehicle was not holding a valid and effective licence as on the date of accident but issuance of policy was admitted by respondent No.1.
4. The father of the claimant was examined as PW-1 and two witnesses were examined as PW-2 and PW-3 and got marked documents Ex.P-1 to Ex.P-18. Respondent No.1-Insurance Company has not lead any evidence.
5. The Tribunal on assessment of the entire material on record both oral and documentary evidence, has awarded total compensation of Rs.82,500/- with interest at the rate of 6% per annum., from the date of petition till the date of deposit by respondent No.1 and directed to deposit the amount within one month from the date of judgment.
6. Heard the learned counsel for the appellant and learned counsel for respondent No.1-Insurance Company. Perused the records.
7. Learned counsel for the respondent No.1-Insurance Company submits that Insurance Company has agreed for payment of Global Compensation of Rs.1,50,000/- in addition to the compensation awarded by the Tribunal, for which learned counsel for the appellant has no objection. Thus, the claimant is entitled for a total compensation of Rs.2,32,500/- (1,50,000+82,500=2,32,500) with interest as awarded by the Tribunal.
Accordingly, appeal is allowed in part.
Sd/- JUDGE SMJ