IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA M.F.A. NO.3869/2010 (MVC) BETWEEN;
Smt. Nagarathna, W/o Mallikarjuna Swamy, Aged about 45 years, C/o Jayaram, Bedihalli, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District, Bengaluru.
(By Sri. Raju, advocate) AND:
1. The New India Assurance Co. Ltd., No.9/2, Mahalakshmi, Chamger’s, M.G. Road, Bengaluru-560 001.
2. C. Nagaraj, S/o Chandrappa, R/at Machanahalli, Bilinekote, Nelamangala District, Bengaluru Rural District.
(By Sri. Y. Aruna, advocate for R1, ... Appellant ... Respondents R2 Notice dispensed with v/o. dated 09.01.2016) This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 18.08.2008 passed in MVC No.7686/2008 on the file of the XXI ACMM & Additional Small Causes Judge and Small Causes, MACT, Bengaluru partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission, this day, the Court delivered the following:-
J U D G M E N T The claimant aggrieved by the quantum of compensation awarded by the Tribunal has preferred this appeal, seeking enhancement of compensation.
2. Heard Sri. S. Raju for Sri. M.C. Nagesh, learned counsels appearing for the appellant/claimant and Sri. Y. Aruna, learned counsel appearing for respondent No.1/insurer. Perused the judgment and award passed by the Tribunal.
3. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 20.04.2008 due to rash and negligent driving of an Auto-rickshaw bearing registration No.KA-52-921 by its driver and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:
“Whether the compensation of Rs.18,500/- with interest at 6% per annum awarded by the Tribunal is just and reasonable or does it call for enhancement?”
4. As per the wound certificate-Ex.P47, the claimant had sustained the following injuries:-
a) Tenderness of right side face and head.
b) Bleeding from right nesters.
c) Multiple abrasion on left hand base.
d) Abrasion over right knee joint.
e) Abrasion front left knee.
f) Lacerated wound over left leg.
g) X-ray relieve facture of little finger.
5. As per Ex.P78 out patient book, claimant was treated in K.C. General Hospital, Malleshwaram, Bengaluru on 22.05.2008 and X-ray was taken on 22.05.2008, ie., one month after the accident. Considering the nature of injuries sustained by the claimant, a sum of Rs.20,000/- is awarded towards pain and sufferings as against Rs.15,000/- awarded by the Tribunal. As Rs.2,000/- awarded by the Tribunal towards medical expenses is as per medical bills produced by the claimant, the same is just and proper and there is no scope for enhancement of compensation under this head. He had taken treatment as out-patient for four days considering the same Rs.500/- awarded by the Tribunal towards incidental expenses such as conveyance, nourishment and attendant charges is on the lower side and therefore a sum of Rs.2,000/- is awarded. Considering the nature of injuries and duration of treatment as out-patient a sum of Rs.12,000/- is awarded towards loss of income during laid up period.
6. It is the case of the claimant that he had sustained grevious injuries and suffered a lot. Even Doctor has not stated anything about the disability suffered on account of injuries. Therefore awarding compensation towards loss of future income or towards disability does not arise. Thus, claimant is entitled for a sum of Rs.20,000/- towards pain and suffering, a sum of 2,000/- towards medical expenses and a sum of Rs.2,000/- towards incidental expenses and Rs.12,000/- is awarded towards loss of income during laid up period. Therefore, a total compensation of Rs.36,000/- is awarded as against Rs.18,500/- awarded by the Tribunal. Thus, the claimant is entitled for an additional compensation of Rs.18,000/- with interest at 6% p.a from the date of claim petition till the date of payment.
Accordingly, the appeal is allowed-in-part. The judgment and award dated 18.08.2009 in MVC No.7686/2008 passed by the MACT Bengaluru, stands modified. The claimant is entitled for an additional compensation of Rs.18,000/- with interest at 6% p.a. from the date of claim petition till the date of its realization and it shall be released to the claimant.
No order as to costs.
SD/- JUDGE LL