IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.6880/2015 (MV) Between:
Munikrishnaiah.H, S/o Hanumantharaya, Aged 57 years, Residing at above Nayanadhama Eye Hospital, 1st Floor, K.Mallanna Complex, Railway Station Road, Tumkur Town-572 101 (By Sri Shantharaj K, Advocate) And:
1. The Managing Director, V. R. L. Logists Ltd., Registered and Administrative Office, N.H-4, Bengaluru Road, Varur Hobli, Dharwad District-580 001.
2. The Manager, United India Insurance Company Ltd., Branch Office, P.B.No.54, Jayadeva Complex, …Appellant B.H.Road, Tumkur Town-572 101.
…Respondents (By Sri Gangadhar Sangolli, Advocate for R2; Notice to R1 & R3 dispensed with vide order Dated 12.12.2017) This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated 06.04.2015 passed in MVC No.600/2013 on the file of Principal Senior Civil Judge & Member, MACT-X, Tumkur, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming up for Orders this day, the court delivered the following:
JUDGMENT In view of memo filed by the appellant, notice to respondents No.1 and 3 dispensed with at the risk of the appellant.
2. Appeal is filed by the injured/claimant against the judgment and award dated 06.04.2015 passed in MVC No.600/2013 on the file of Principal Senior Civil Judge & Member, MACT-X, Tumkur, partly allowing the claim petition for compensation and seeking enhancement of compensation.
3. The claimant/appellant has suffered injuries in the motor vehicle accident occurred on 03.03.2013 and he has taken treatment in the hospital by spending huge amount. Thereafter, the claimant has filed claim petition before the Tribunal seeking for compensation. By considering the oral and documentary evidence produced by the claimant, the Tribunal has awarded a sum of Rs.25,000/- with interest at 6% p.a. Aggrieved by the said judgment and award, the appellant has preferred this appeal and sought for enhancement.
4. Learned counsel for the appellant submits that the compensation awarded by the Tribunal on all the heads is on the lower side and same has to be enhanced.
5. Learned counsel for the respondent-Insurer supported the judgment and award passed by the Tribunal and sought for dismissal of the appeal.
6. I have heard learned counsel for both sides and I have gone through the materials available on record.
7. The grounds urged by the claimant for enhancement of compensation of the award is that he has sustained two grievous injuries such as trimacullar fracture right ankle and Fibula fracture and he has been treated as inpatient for a period of 7 days and implants were inserted and he has spent more than Rs.50,000/- towards medical expenses, but the Tribunal has failed to appreciate the medical bills produced by the claimant and has awarded global compensation of Rs.25,000/- only which is improper and the same has to be enhanced. During the course of arguments, learned counsel for both the parties have submitted that the parties have agreed to settle the matter with enhanced compensation of Rs.75,000/- without interest in addition to the compensation awarded by the Tribunal. The said submission of the both the counsel is taken on record. Looking to the nature of the injuries sustained by the claimant, I am inclined to award a global compensation of Rs.75,000/- without interest.
8. Hence, the appellant is entitled for global compensation of Rs.75,000/- in addition to the compensation awarded by the Tribunal.
In terms of the submission made by both the parties, the Appeal is disposed of accordingly.
Sd/- JUDGE DL