IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1377/2015 (MV) BETWEEN MUNIANJINAPPA T S/O LATE THIMMAIAH AGED ABOUT 69 YEARS R/AT KAKOLU VILLAGE & POST, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU-89. ... APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADV.) AND 1. UNITED INDIA INSURANCE CO. LTD., NO.484/2, SADHU CHINNAMMA BUILDING, 2ND FLOOR, SDM TEMPLE ROAD, KUMARA STREET CROSS, OPP. SYNDICATE BANK, K R PURAM, BANGALORE-36, BY ITS MANAGER.
2. MANOHARA K UTHABGI MAJOR, R/AT S THILLAMALLI VILLAGE, YALURU POST, DEVANAHALLI TALUK, BANGALORE RURAL DIST.-562110. ... RESPONDENTS (BY SRI. M V CHANDRASHEKARA REDDY, ADV. FOR R1, V.C.O. DATED: 08/07/2016 NOTICE TO R2 IS DISPENSED WITH.) * * * THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.09.2014 PASSED IN MVC NO.8323/2011 ON THE FILE OF THE VIII ADDITIONAL SCJ & XXXIII ACMM, MEMBER-MACT., BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant, who is the claimant, dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained by him in a motor vehicle accident that occurred on 03.09.2011, has filed this appeal, seeking enhancement.
2. The Tribunal has awarded a total compensation of Rs.95,000-00 under various heads. The case of the appellant is that on 03.09.2011 at about 6.30 p.m. while he was traveling as a pillion rider in the motorcycle bearing reg. No.KA 04 X 6947 along with his friend, the car bearing reg. No.KA 01 N 7952 came and hit the motorcycle. As a result, he fell down and sustained injuries.
3. The appellant has examined the doctor-P.W.2, who has deposed about the disability suffered by the appellant at 10% to the whole body and also produced the wound certificate-Ex.P4. The evidence of the doctor discloses that the appellant has suffered amputation of the 3rd toe.
4. Learned counsel for the appellant submits that the Tribunal has awarded compensation under the heads pain and suffering and disability without considering the evidence of the doctor and the amount awarded towards loss of income during laid-up period is on lower side.
5. Heard the learned counsel for respective parties.
6. The Tribunal has awarded only a sum of Rs.30,000-00 towards pain and suffering, which is on lower side. Hence, another sum of Rs.10,000-00 is awarded under this head. Considering the evidence of the doctor that the appellant has suffered amputation and the consequent disability, the compensation awarded by the Tribunal at Rs.20,000-00 is on the lower side. Hence, another sum of Rs.10,000-00 is awarded under this head. Towards laid-up period, the Tribunal has not awarded any compensation. Hence, a sum of Rs.20,000-00 is awarded under this head.
7. The Tribunal has awarded only a sum of Rs.10,000-00 towards loss of amenities. Considering the amputation and the disability, the said amount is on the lower side. Hence, another sum of Rs.20,000-00 is awarded under this head. The compensation awarded by the Tribunal towards medical expenses, conveyance, etc. is just and proper and does not call for interference.
In the result, the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellant is entitled to a sum of Rs.60,000-00 with interest as awarded by the Tribunal from the date of the petition till its payment.
Sd/- JUDGE.
CT-HR Ksm*