IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.7774 OF 2017 (MV) BETWEEN:
SMT.NARASAMMA W/O MUDDAPPA AGED ABOUT 51 YEARS, R/AT NAGENAHALLI, GOLLARAHATTI, BADAVANAHALLI POST, DODDERI HOBLI, MADUGIRI TALUK, TUMKURU DISTRICT PRESENTLY R/AT NO.20, MALLASANDRA, OPP: SIDDARTHA COLLEGE, TUMKURU – 572 112 ... APPELLANT (BY SRI.VASANTHAPPA, ADV.) AND:
1. PADMARAJU K.V. S/O VEERANNA BADAVANAHALLI POST DODDERI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT & TALUK – 572 112 2. IFFCO TOKKIO GENERAL INSURANCE CO.LTD., NO.2262, 7TH ‘B’ MAIN, 3RD STAGE NEAR YELAHANKA NEW TOWN BUS STAND BENGALURU – 560 106 ... RESPONDENTS (BY SRI H.N. KESHAVA PRASHANTH, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD: 28.03.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.07.2015 PASSED IN MVC NO.1133/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Notice to respondent No.1 dispensed with. Submission accepted.
2. For the injuries suffered in the road traffic accident that took place on 15th March 2014, the appellant herein made claim petition before the Motor Accident Claims Tribunal, Tumkur. The Tribunal, by its order dated 29th July 2015 passed in MVC No.1133 of 2014 awarded global compensation of Rs.25,000/- with interest at the rate of 6% per annum. Aggrieved by the same, this appeal is filed seeking enhancement of compensation.
3. The learned counsel for the appellant submits that the Tribunal has committed an error in not awarding the compensation considering the claimed income and has awarded global compensation of Rs.25,000/- which is meagre. The Tribunal has also erred in not awarding any amount towards pain and suffering, loss of income during laid up period, etc. Hence, he prays for allowing the appeal by enhancing the compensation suitably.
4. The learned counsel for the respondent-Insurance submits that the compensation awarded by the Tribunal is just and proper and the same does not call for interference in this appeal.
5. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. The Tribunal in the course of its judgment has recorded reason that the claimant has not produced any documentary evidence for having undergone surgery and has recorded that the doctors has opined that the injuries suffered by the appellant are simple in nature; and further since the medical bills show that the appellant has incurred Rs.17,552/- towards medical expenses, considering the other aspects, Tribunal has awarded the global compensation of Rs.25,000/-. The same cannot be found fault with. Be that as it may, I am of the opinion that awarding an amount of Rs.20,000/- globally in addition to what has been awarded by the Tribunal, would meet the ends of justice. It is made clear that the enhanced amount does not carry any interest. Accordingly it is ordered. The appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn