IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. No.67 OF 2016 (MV - I) BETWEEN:
MR. MOHAMMED SHAFI S/O PASHA KHAN AGE: 26 YEARS OCC: PLUMBER R/O NO.23/54 KUPPUSWAMY LAYOUT 4TH, 10TH CROSS, GANDHINAGAR ARABIC COLLEGE BENGALURU – 560 045 ... APPELLANT (BY SRI.SURESH M LATHUR, ADV.,) AND:
1. SRI. SHAJIL KUMAR R/O NO.35/1, 3RD MAIN ROAD NEW TARUG PET BENGALURU – 560 002 2. THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD MAHALAKSHMI COMPLEX M.G.ROAD BENGALURU – 560 001 ... RESPONDENTS (BY SRI. M.NARAYANAPPA, ADV., FOR R2; R1 NOTICE DISPENSED WITH) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.09.2015 PASSED IN MVC NO.4436/2014 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE & MEMBER, MACT, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING JUDGMENT This appeal is filed by the appellant for seeking enhancement of compensation against the judgment and award passed by the XII Additional Small Causes Judge, Member, M.A.C.T., Bengaluru, in M.V.C.No.4436/2014.
2. The appellant sustained grievous injuries in the accident that occurred on 21.08.2014 wherein the appellant was pillion rider of the vehicle bearing No.KA-04-HS-8914 and at that time the lorry came from opposite direction with high speed in a rash and negligent manner and without following the traffic rules and regulations, dashed against the motor cycle from behind. Prior to the accident the appellant was hale and healthy and in the accident, the appellant has sustained cut lacerated wound on right ankle, heel flap avulsion and head injury and other grievous injuries all over the body.
3. The appellant himself has been examined as PW1 and not examined the doctor in support of Ex-P5- Wound Certificate, which discloses that the injured has suffered two injuries i.e., Laceration over right heal and Laceration over occipital region. Considering the Ex-P8 and P9-Medical bills, the Tribunal has awarded Rs.12,065/- towards medical expenses.
4. The learned counsel for the appellant submitted that the compensation awarded by the Tribunal at Rs.20,000/- is on the lower side. Excluding the amount granted towards medical expenses, remaining amount of Rs.7,935/- is awarded for suffering injuries which is on the lower side. Though the injuries are simple in nature, the appellant must have attended the hospital for treatment and lost some days income. Considering the same, I am inclined to award another global sum of Rs.15,000/-.
5. Accordingly, the appeal is allowed, the appellant is entitled for a sum of Rs.15,000/- as global compensation which does not carry any interest.
Sd/- JUDGE Nm