IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous first Appeal No. 7628 of 2010 (mv) Between:
NOOR SAHEB SON OF REHAMAN SAAB MULLA AGED ABOUT 25 YEARS RESIDENT OF INDIRA NAGAR, VARAMBALLI VILLAGE UDUPI TALUK AND DISTRICT.
... APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H ., ADVOCATE) And:
1. K.SANJEEVA SON OF LATE ANNAYYA POOJARY AGED ABOUT 39 YEARS RESIDENT OF ARUNODAYA MERDIBASRUR VILLAGE, KUNDAPURA TALUK.
2. THE ORIENTAL INSURANCE CO LTD DIVISIONAL OFFICE, VISHNU PRAKASH COURT ROAD, UDUPI REP BY ITS BRANCH MANAGER.
... RESPONDENTS (BY SRI. B.S. SACHIN., ADVOCATE FOR R-1;
SRI. K.N. SRINIVASA., ADVOCATE FOR R-2) THIS MISCELLENEOUS FIRST APPEAL IS FILED UNDER SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2010 PASSED IN MVC NO. 469/2009 ON THE FILE OF THE PRINCIPAL SENIOR CVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLENEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment This appeal is by the claimant - petitioner in MVC No.469/2009 on the file of the Principal Senior Civil Judge and Additional MACT, Udupi (for short, ‘Tribunal’). The Tribunal has allowed the claim petition awarding a sum of Rs.52,000/- along with the interest at the rate of 8% per annum from the date of petition till realization. This amount of Rs.52,000/- is awarded under the following heads:
Pain and sufferings Rs.25,000/-
For conveyance charges Rs.2,000/-
For attendant and nourishing food Rs.3,000/-
Medical Expenses Rs.8,000/-
Loss of income during treatment period For discomfort and loss of amenities in life Rs.9,000/- Rs.5,000/-
Total Rs.52,000/-
The owner of the lorry bearing registration No.KA – 20/A- 8573 is called to pay the compensation absolving the Insurer - the respondent No.2 of the liability to pay compensation.
2. The claimant on 20.12.2009 was travelling in the lorry bearing registration No.KA-20/A-8573 when the lorry fell into a ditch, and the claimant suffered injuries. The claim petition is filed seeking compensation. The owner of the lorry did not contest the claim petition, but the Insurer contested the claim petition. The Insurer’s essential defense was that the claimant was travelling as a passenger in a goods vehicle and as such, the Insurer would not be liable to pay compensation.
3. The Tribunal, on appreciation of the evidence on record, accepting the Insurer’s defense has absolved the Insurer of the liability to pay the compensation. This finding is based on the appreciation of the evidence on record, and the learned counsel for the claimant is not able to show how the Tribunal’s finding suffers from any infirmity. As such, no interference is called for on this ground.
4. Otherwise, the Tribunal has found that the accident was because of rash and negligent driving of the lorry, and that the claimant, who has suffered lacerated wounds over the face and right chin and fracture of the nasal bone, would be entitled for compensation from the owner of the lorry involved in the accident. The Tribunal has awarded a sum of Rs.25,000/- towards ‘pain and suffering’ taking note that the lacerated wounds were simple in nature and the fracture of nasal bone was not grievous in nature. Apart from the aforesaid sum, the Tribunal has awarded a sum of Rs.9,000/- towards ‘loss of income during the laid-up period’ taking the income of the claimant, who asserted that he was working as a cleaner– cum-loader, at the rate of Rs.3,000/- per month. In addition to these two sums, further sums, as first mentioned above, are awarded. The amount towards medical expenses is based on the bills furnished, and the other amount towards conveyance, nourishment and attendant charges and loss of discomfort are based on the circumstances placed on record. The Tribunal has awarded just and reasonable compensation. There is no reason for enhancement in the compensation. As such, the appeal is dismissed.
Sd/- Judge SA