IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A. No.7979/2017 c/w M.F.A. No.8162/2017 (MV) IN M.F.A. No.7979/2017 BETWEEN:
NETHRAVATHI W/O. LOKESH, AGED ABOUT 33 YEARS, BELLALE VILLAGE, CHNAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 401. ... APPELLANT (BY SRI GAURAV G.K., ADVOCATE) AND:
1. SRI BASAVARAJU S/O. SHANKAREGOWDA, AGED MAJOR, R/AT HARALAHALLI VILLAGE, RAILWAY STATION POST, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 401 (OWNER OF PASSENGER AUTO BEARING REG.NO.KA-11-A-5548) 2. AUTHORISED SIGNATORY BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., ANANDA COMPLEX, K.R.S.ROAD, PANDAVAPURA, MANDYA DISTRICT – 571 401 (POLICY NUMBER: 072882/31/13/01/08001353 FROM DT.16-01-2014 TO 15-01-2015) ... RESPONDENTS (BY SRI S. KRISHNA KISHOR, ADVOCATE FOR R-1; SRI Y.P. VENKATAPATHI, ADVOCATE FOR R-2) ***** THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.07.2017 PASSED IN MVC NO.1104/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A. No.8162/2017 BETWEEN:
POORVIKA D/O. LOKESH AGED ABOUT 13 YEARS, SINCE MINOR, REPRESENTED BY HER NATURAL GUARDIAN, HER FATHER VIZ., LOKESH R/AT BELLALE VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 401. ... APPELLANT (BY SRI GAURAV G.K., ADVOCATE) AND:
1. AUTHORISED SIGNATORY, BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., ANANDA COMPLEX, K.R.S. ROAD, PANDAVAPURA, MANDYA DISTRICT 571 401 (POLICY NUMBER: 072882/31/13/01/08001353 FROM DT.16-01-2014 TO 15-01-2015) 2. SRI BASAVARAJU S/O. SHANKAREGOWDA, AGED MAJOR, R/AT HARALAHALLI VILLAGE, RAILWAY STATION POST, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 401 (OWNER OF PASSENGER AUTO BEARING REG.NO.KA-11-A-5548) ... RESPONDENTS (BY SRI S. KRISHNA KISHOR, ADVOCATE FOR R-1; SRI Y.P. VENKATAPATHI, ADVOCATE FOR R-2) ***** THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 22.07.2017 PASSED IN MVC NO.1105/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though these appeals are listed for admission, with consent of learned counsel appearing on both sides, they are taken up for final disposal.
2. These appeals are directed against the judgment and award passed in MVC.No.1104/2014 in MFA.No.7979/2017 and MVC.No.1105/2014 in MFA.No.8162/2017. It is a case of the injury sustained by the claimants before the Tribunal and the learned Addl. Senior Civil Judge and JMFC at Pandavapura has granted compensation as under by partly allowing the claim petitions:-
Pain, shock and agony Rs.15,000.00 Medical expenses Rs.39,150.00 Food, diet, nourishment, conveyance and other incidental expenses Loss of income during treatment period Disappointment and discomfort and loss of amenities Rs.10,000.00 Rs. 6,000.00 Rs.10,000.00 TOTAL Rs.80,150 3. In MVC.No.1104/2014 (In MFA.No.7979/2017), an amount of Rs.80,150/- is awarded to the mother and Rs.25,000/- with interest at 9% p.a. has been awarded to the minor daughter in MVC.No.1105/2014 (In MFA.No.8162/2017).
4. The proceedings before the Tribunal came to be initiated by both the claimants because of the accident that is said to have occurred on 26/01/2014 at 5.15 p.m. when the mother and a minor daughter were traveling as passengers in an auto bearing Regn.No.KA-
11-A-5548 along with one Nirmala. The said auto was said to be driven in a rash and negligent manner near Haralahalli infront of Kennalu gate and dashed against the motor cycle bearing Reg.No.KA-09-EY-7650 due to which auto toppled on the left side and caused accident.
5. In MVC.No.1105/2014, the claimant - mother sustained more pain in left shoulder, abrated wounds over the left ear, abrated wounds over the left lateral region of leg, left elbow region, pain in chest left clavicle fracture, suffered injuries on left leg with knee all over the body. She took first aid at Government Hospital, Pandavapura and then shifted to K.R. Hospital, Mysore, for higher treatment as inpatient from 26/01/2014 to 10/02/2014 and spent around Rs.1,50,000/- towards medical expenses and Rs.50,000/- towards food, diet, transport, attendant and other incidental expenses. She was aged about 30 years, working as a Decorator at Assurs Decorators, Kamakshipalya and was earning Rs.6,000/- per month.
6. Learned Tribunal partly allowed the claim petitions and awarded a sum of Rs.80,150/- to the claimant, who is the mother in MVC.No.1104/2014 and Rs.25,000/- to the minor daughter in MVC.No.1105/2014 with interest at 9% p.a. from the date of petition till the date of deposit in both the cases. The extent of disability is not specifically claimed. However, she was a house wife, who will also be having considerable responsibility and the medical expenses are stated to be Rs.39,150/-. In the circumstances, it is my considered opinion that it is an ideal case wherein a global compensation of Rs.1,20,000/- may be granted to the mother. Insofar as minor child, it deserves, Rs.50,000/- as global compensation.
7. Accordingly, these appeals are partly allowed.
The claimant - mother in MVC.No.1104/2014 i.e., MFA.No.7979/2017 is granted global compensation of Rs.1,20,000/- with interest at 6% p.a. from the date of petition till the date of realization. The minor child in MVC.No.1105/2014 i.e., in MFA.No.8162/2017 is granted global compensation of Rs.50,000/- with interest at 6% p.a. from the date of petition till the date of realization.
Insurance Company is directed to deposit the compensation amount, including the enhanced amount with interest within four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE *mvs