IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO MFA NO.6544 OF 2019(MV) BETWEEN:
THE ORIENTAL INSURANCE CO LTD REGIONAL OFFICE THIRD PARTY CLAIMS HUB #44/45 4TH FLOOR, LEO SHOPPING COMPLEX, RICHMOND CROSS ROAD, BANGALORE - 560025 BY ITS DEPUTY MANAGER .
...APPELLANT (BY SRI: H C VRUSHABHENDRAIAH, ADVOCATE) AND:
1 . BEJOY V @ BEJAY V ACHARI S/O VISHWANANDHAN ACHARI AGED ABOUT 44 YEARS RESIDING AT NO 136, ”REJOYS “ SRI VARADARAJASWAMY LAYOUT II PHASE, SINGAPURA, VIDYARANYAPURA POST, BANGALORE - 560097 2 . SRI BAIR REDDY S/O YARRAPPA R/O NALLA MUDDA REDDY HALLI POST GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT - 561209 …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2019 PASSED IN MVC NO.3869/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE & XXIV ACMM, MEMBER MACT, SCCH-20, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.1,10,000/- WITH INTEREST OF 9% P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T This appeal is directed against the judgment and award dated 29.06.2019 passed in MVC No.3869/2018 on the file of V Addl. Small Causes Judge & XXIV ACMM, Member, Motor Accident Claims Tribunal (for short ‘MACT’) Bengaluru, wherein the petition came to be allowed-in-part granting compensation of Rs.1,10,000/- with interest at 9% p.a. Insurance company has come up in appeal being aggrieved by the judgment and award of the learned Member.
2. The road traffic accident leading to the proceedings before the tribunal is as under:-
On 03.06.2018, the petitioner was standing in front of Ithihas restaurant on service road, New Airport road, Bangalore, at that time, a motor cycle bearing No.KA-40- S-3226 (hereinafter referred to as ‘motor cycle’) came in a rash and negligent manner, so as to endanger human life and dashed the pedestrian, as a result, the petitioner fell down and sustained several grievous injuries. The petitioner made a claim petition for compensation. He is stated to be manager of Ithiyas Restaurant. Learned Member considering the aspects of accident, injury, negligence has awarded the compensation. In respect of the quantum of compensation is concerned, PW-1 had sustained grievous injuries such as lacerated wound over left cheek, left eye contused, head injury with displaced communicated fracture, left orbital floor and nasal bone fracture, blunt injury to the chest. The petitioner was admitted to Hosmat Hospital on 03.06.2018. He underwent treatment for left orbital floor fracture+ nasal bone fracture + CLW over left malar region, ORIF of left orbital floor reconstruction done + nasal bone reduction + primary closure of CLW over left malar region done on 05.06.2018. The petitioner has produced medical prescription for taking proper medication and follow up treatment.
3. There appears to be no disability of percentage affecting future income of the claimant/injured. Stating the compensation is awarded at Rs.1,10,000/- as per the following break-up:
TOTAL Rs.1,10,000/-
learned counsel Sri. H.C. Vrushabhendraiah, appearing for the appellant/Insurance company would submit that the vehicle involved in the accident has been planted to make a platform for false compensation. However, learned counsel submits that cognizance of the criminal case is not challenged.
4. In the circumstances, admittedly, no materials were produced in this connection before the tribunal. On the other hand, the compensation of Rs.1,10,000/- awarded as above appears to be just and reasonable. There is no necessity for interference through this appeal and consequently appeal is liable to be rejected at this stage itself. Accordingly, it is rejected.
Amount in deposit, if any, be transmitted to the jurisdictional Tribunal forthwith.
Sd/- JUDGE *mn/-