IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO M.F.A. NO.4504/2011 (MV) BETWEEN:
SMT. MUNIYAMMA W/O. THIMMAIAH AGED ABOUT 55 YEARS R/AT BISUVANAHALLI ERAPURA POST KASABA HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT PRESENTLY R/AT C/O. VENKATESH, 2ND CROSS 1ST MAIN ROAD, ATTUR LAYOUT YELAHANKA, BANGALORE … APPELLANT (BY SRI.R.LAKSHMANA, ADVOCATE) AND:
1. M/S. NATIONAL INSURANCE CO. LTD., BY ITS MANAGER D.O. IV, NO. 16, KUMARA KRUPA ROAD SHIVANANDA CIRCLE BANGALORE- 560 001 2. MR.SATISH S/O ANJINAPPA, MAJOR WARD NO. 7, RAILWAY VASATHI GRUHA BANGALORE NORTH TALUK BANGALORE DISTRICT (BY SRI.M.S.SRIRAM, ADV. FOR R-1 …RESPONDENTS NOTICE TO R-2 IS DISPENSED WITH V/O DT: 06.11.2013) THIS MFA FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.02.2011 PASSED IN MVC NO.7107/2008 ON THE FILE OF THE MEMBER MACT, IV ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE CITY, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., THIS APPEAL COMING ON FOR ADMISSION ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the judgment and award dated 03.02.2011 passed in MVC No.7107/2008 on the file of the Member MACT., IV Addl. Judge, Court of Small Causes, Bengaluru City, partly allowing the claim petition for compensation and seeking enhancement of compensation.
2. Injured is a lady said to be 52 years on the date of presentation of the petition. The date of accident is 29.07.2008. It is stated that at 1.45 p.m. when she was walking as a pedestrian on the left side of Doddapallapura - Bengaluru main road, near Medicine factor at Bashettihalli, Doddaballapura taluk, by that time, a motorcycle bearing registration No.KA-52-E- 7618 came from the opposite side in a rash and negligent manner and dashed against the claimant- appellant. Because of which, she sustained following injuries:
1. Fracture shaft of both bones of right leg.
2. Fracture shaft of both bones of left leg.
3. Swollen, tender and deformed right leg lower 1/3rd with transverse cut lacerated wound 15 x 2 cm exposing the bones over skin.
4. Swollen, tender abd deformed left leg lower 1/3rd right a cut lacerated wound 5x2 cm cut end of bones protruding outside.
5. Wound 6 x 4 cm wise loss of tissue around the right external ear.
3. Sri Lakshmana, learned counsel for the appellant submits that appellant was earning Rs.6,000/- per month by doing coolie and because of the accidental injuries she is unable to earn like earlier. He further submits that the Tribunal by considering 20% disability to the whole body and notional income at Rs.3,000/- per month has awarded Rs.1,55,400/- with interest at 6% per annum from the date of petition till its complete payment and it is a case which requires enhancement of compensation.
4. In the context and circumstances, considering the date of accident and nature of injuries, I find the projection of injuries is presented in excessive manner. The compensation already granted appears to be just and fair. The appeal does not require to be proceeded further, it is rejected.
Sd/- JUDGE BS