IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.8198 OF 2015 (MV) Between:
1. Nagamma W/o Late Basavanna Age 53 years Occ: Coolie R/at Chinnaballi village Nanjanagud Taluk Mysore District 570 031 2. Maheshwari W/o Chinnaswamy Age 36 years Occ: Coolie R/at Helavahundi village T. Narasipura Taluk Mysore 570 321 3. Nigammanni W/o Kumara Age 28 years Occ: Coolie Bidarahalli village Srirangapatna Taluk Mandya District 4. Mallanna S/o Late Basavanna Age 27 years R/at Chinnaballi village Nanjanagud Taluk Mysore District 570 031 5. Nagalambika W/o Rachappaji Age 21 years Occ: Cooli R/at Mulluru village Kollegal Taluk Chamarajanagar District 571 111 (by Shri Veerabhadraswamy, H.P, Advocate) And:
1. Kumara @ Mahesh S/o Naganna Age 20 years R/at Badagala Beedhi Thagaduru Village Nanjanagud Taluk, Mysore District 571 307 2. Smt. Siddamma W/o Nagasetty D.No.165/1, Thagaduru Village Nanjanagud Taluk, Mysore Taluk 571 307 3. National Insurance Co. Limited Mysore Office At Prestige Shopping Complex Ramaswamy Circle, Mysore 570 024 (by Shri Geetha Raj, Advocate for R3) …Appellants …Respondents This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 14.07.2015 passed in MVC No.18 of 2014 on the file of the Senior Civil Judge and JMFC, MACT, Nanjanagud partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Miscellaneous First Appeal coming on for Admission, this day, the Court delivered the following:
J U D G M E N T The appeal is by the claimants seeking enhancement in the compensation. For the death of sole breadwinner in the road traffic accident that occurred on 22nd August 2013, the claimants made claim petition. The Motor Accident Claims Tribunal, Nanjangud by its order dated 14th July 2015 passed in MVC No.18 of 2014 awarded compensation of Rs.3,76,500/-. Being not satisfied with the compensation awarded, the claimants have preferred this appeal.
2. The learned counsel for the appellants submits that the deceased was earning Rs.9,000/- by working as coolie in Bannari Amman Sugar Factory. But the tribunal has disbelieved the same and taken the income at Rs.4,500/- per month, which is an error. He submits that immediately after the accident the injured was shifted to Government Hospital, Nanjungud and thereafter he was shifted to K.R. Hospital, Mysore and he was in the hospital from 22nd August 2013 to 27th August 2013 and later he succumbed to the injuries. He further submits that the compensation awarded by the Tribunal under the heads loss of love and affection, loss of estate and transportation and funeral expenses is also on the lower side and the medical expenses is awarded at Rs.12,500/- which is also on the lower side. Hence he submits to enhance the compensation.
3. The learned counsel appearing for the respondent- Insurance, submits that the Tribunal has awarded just compensation based on the materials and documents produced before it and after considering the evidence adduced; and the same does not call interference from this Court. Hence, she submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the order of the Tribunal. The Tribunal has considered the materials placed before it and has awarded the compensation of Rs.3,76,500/-. As regard the submission of the learned counsel for the appellant that the Tribunal has erred in awarding only Rs.12,500/- towards medical expenses though the injured was an inpatient for more than seven days, it is observed that the Tribunal has taken note of the medical bills produced by the claimants and since the medical bills produced as per Exhibits P10 to P24 were in an extent of Rs.12,467.80, the Tribunal has awarded Rs.12,500/-, that is to say, it has awarded the entire medical expenditure incurred as per bills. Further, the Tribunal has awarded the reasonable compensation under conventional heads also. By taking note of the fact that the rider of the vehicle was not having valid driving licence as on the date of accident, the Tribunal has fastened the liability on the first and second respondents, which cannot be found fault with. Hence, considering all the aspects of the matter, it is to be held that the compensation awarded by the Tribunal is just and proper and the same does not call for interference by this Court. Accordingly, the award of the Tribunal is confirmed. Appeal stands rejected.
Sd/- JUDGE lnn