IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL No.693 OF 2019 (MV-INJ) BETWEEN:
Nagarjun N.G., S/o Gopal, Aged about 21 years, R/o Motalur Village, Balakuntanahalli Post, Chikkaballapura Taluk & District – 561 211.
(By Sri. Vijay Kumar T., Advocate) AND:
1. The Manager, United India Insurance Co. Ltd., Krishi Bhavan Building, 6th Floor, Near Hudson Circle, Bengaluru – 560 001.
2. Manohara N., S/o. Narayan, Major, R/o. B.M. Rachaiah’s House, Kote Shidlaghatta Town, Shidlaghatta Taluk, Chikkaballapura District – 562 101.
(By Sri. A.M. Venkatesh, Adv. for R1 Notice to R2 dispensed with) …Appellant … Respondents This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 14.09.2018 passed in MVC No.3610/2016 on the file of the I Additional Small Causes Judge & MACT, Bengaluru (SCCH-11), partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 14.09.2018, passed by the I Additional Small Causes Judge and M.A.C.T. (SCCH-11) (hereinafter referred to as ‘the Tribunal’ for short) at Bengaluru in MVC No.3610/2016, whereby the Tribunal has granted compensation of Rs.45,000/- with interest @ 6% p.a.
2. Brief facts of the case:
On 07.04.2016 at about 12.10 p.m. the claimant was proceeding in a TVS Motor Cycle bearing registration No.KA-43-K-4431 towards Doddaballapura, on the left side of the road near Nallakadirenahalli Village, Chikkaballapura Taluk, at that time, the driver of the canter bearing registration No.KLS-3739 came from the same direction in a rash and negligent manner and dashed against the motor cycle. Due to the accident, the claimant had suffered injuries. Immediately, after the accident, he was shifted to Jeevan Hospital, Chikkaballapura for treatment and after first aid, he was shifted to Baptist Hospital, Bengaluru. After recovering from the injuries, claimant filed a claim petition in MVC No.3610/2016 before the Tribunal. To establish his case, he got himself examined as PW.2 and got examined one witness and submitted 20 documents. On the other hand, respondent- Insurance Company got examined one witness and produced 02 documents. On appreciation of oral and documentary evidence, the Tribunal has granted Rs.45,000/- with interest @ 6% p.a. Being aggrieved by the same, the claimant/appellant has filed this appeal seeking enhancement of compensation.
3. Learned counsel for the appellant submitted that due to the accident, claimant suffered lacerated wound and he has undergone treatment for a period of six days.
Hence, the Tribunal is not justified in granting compensation of Rs.45,000/-. Hence, he sought for enhancement of compensation.
4. Per contra, learned counsel for the Insurance Company submitted that claimant had suffered minor injury. Therefore, the Tribunal has granted the just compensation. Hence, he sought for dismissal of the appeal.
5. Heard the learned counsel for the parties and perused the records.
6. It is not in dispute that the claimant had suffered injury in a road traffic accident occurred on 07.04.2016, due to the rash and negligent driving of the driver of the canter bearing registration No.KLS-3739. Immediately, after the accident, he was shifted to hospital and took treatment as inpatient for a period of six days and he had suffered one lacerated injury. The Tribunal is not justified in granting the compensation of Rs.45,000/-. In view of the materials available on record, this Court is of the opinion that the compensation awarded by the Tribunal has to be enhanced from Rs.45,000/- to Rs.65,000/-
7. Accordingly, the appeal is partly allowed. The judgment and award passed by the Tribunal is modified. The claimant is entitled for compensation of Rs.65,000/- with interest at 6% p.a. as against Rs.45,000/- awarded by the Tribunal.
8. The Insurance Company is directed to deposit with the learned Tribunal, the entire compensation amount, along with an interest @ 6% per annum, from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment. The Tribunal is directed to disburse the amount in terms of the award passed by the Tribunal after due verification.
MBM Sd/-
JUDGE