IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.886/2019(MV) BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED NO.2023, H.I.G. 3RD PHASE YELAHANKA NEW TOWN BENGALURU-560064 NOW REP BY ITS REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD, BENGALURU-560025 REP. BY ITS AUTHORIZED SIGNATORY ..APPELLANT (BY SRI B.C.SHIVANNEGOWDA, ADVOCATE FOR SRI A M VENKATESH, ADVOCATE) AND:
1 . SHRI SHABAZ AHAMED S/O ABDUL ALI AGED ABOUT 29 YEARS, SINCE HE IS NOT IN A POSITION EITHER MENTALLY OR PHYSICALLY AS SUCH HE IS BEING REPRESENTED BY HIS GUARDIAN - CUM- WIFE SMT SEEMA ANJUM W/O SHABAZ AHAMED AGED ABOUT 24 YEARS, R/O JOGALA KASHTI KANNASANDRA POST AANI HOBLI MULBAGAL TALUK KOLAR DISTRICT-563101 2 . G SRINATH S/O GOPAL KRISHNA R/AT NO.187/1 D.K.HALLI VILLAGE AND POST, BANGARPET TALUK KOLAR DISTRICT-563101 (R.C. HOLDER OF THE TOYOTA QUALIS CAR BEARING REG NO.KA-32/M-3084) ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2018 PASSED IN MVC NO.310/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MULBAGAL, AWARDING COMPENSATION OF RS.5,61,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for admission, in the circumstances of the case it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 29.09.2018 passed in MVC No.310/2015 by the Senior Civil Judge and MACT, Mulbagal, wherein claim petition came to be allowed in part and compensation of Rs.5,61,500/- with interest at the rate of 6% p.a. from the date of petition till realization came to be ordered. The insurance company being dissatisfied with the quantum of compensation has come up in appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The facts leading to accident are as under:
On 19.05.2012 at about 11.30 a.m. when the petitioner going towards his village, stopped his Bajaj two wheeler vehicle bearing registration No.KA-08/L-
5659 in order to cross the road, while he has stopped his vehicle at Mulbagal Bypass road, on the outskirts of the Mulbagal Town at the extreme edge near the intersection Toyato Qwalis bearing registration No.KA- 32/M-3084 came from Kolar side towards Tirupathi side, driven by its driver at a high speed in a rash and negligent manner lost control and dashed against the Bajaj Motor Cycle of petitioner. Due to which petitioner sustained grievous head injuries.
4. The claimant sought for compensation of Rs.9,00,000/- towards injury, permanent disability, mental shock, etc. Insofar as injuries are concerned it is:
(1) Fracture of right temporal bone (2) Epidural Hematoma over temporal part of brain (3) Injury on the left wrist (4) Injury on the right shoulder (5) Avulsion injury measuring 3x3 cm on the medial aspect of the right leg.
5. Compensation granted by the Tribunal under various heads is as under:
SL.NO. DESCRIPTION AMOUNT
6. Learned counsel Sri B.C.Shivannegowda would state that it is wrist injury and psychological and petitioner is attending job and there is no reduction in income and over all compensation granted is exorbitant.
7. In this connection the injuries as noted are fracture of right temporal bone etc., as stated above.
8. In this connection portion of cross examination in total reflects that he is going to job and getting Rs.200/- per day and he would go to job if he is healthy. However the full content was not submitted.
9. In the overall circumstances of the case the disability as observed by PW-2 Dr.Paparajamurthy Dantam is that physical impairment in neurological conditions is 75%, monthly income for the purpose of reckoning future loss of income is considered at Rs.7,000/-. The percentage of disability considered is 35% multiplier applicable is `16’. Thus, in the circumstances of the case compensation granted is not high or exorbitant either in terms of income or the nature of injury.
The compensation awarded is fair, just and equitable. There is no necessity to go ahead with the further proceedings in the appeal. Appeal is liable to be rejected at this stage itself.
Appeal is rejected.
Amount in deposit be transmitted to the Tribunal.
Sd/- JUDGE SBN