IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA MFA NO.9993/2010 (MV) BETWEEN:
PAPANNA S/O. LATE RAMAIAH AGED ABOUT 28 YEARS D.NO.2444, VI CROSS KAILASAPURAM MANDIMOHALLA MYSORE ... APPELLANT.
(BY R.O. RENUKARADHYA FOR M/S. P. NATARAJU ASSOCIATES) AND :
1. DR. S.K. THAMMEGOWDA S/O. C. KALEGOWDA D.NO.203, II MAIN II CROSS, SUBHASHNAGAR BANGALORE ROAD MYSORE 2. THE NATIONAL INSURANCE CO. LTD., DISTRICT AGENTS BRANCH NO.371/A, III FLOOR PRESTIGE SHOPPING COMPLEX ARCADE RAMASWAMY CIRCLE MYSORE REPRESENTED BY ITS MANAGER. ... RESPONDENTS.
(BY SRI.L. SREEKANTA RAO, FOR R-2, V/O DT.6.3.2012 NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.07.2010 PASSED IN MVC NO.391/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT-I, MEMBER, ADDITIONAL MACT,
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: -
JUDGMENT This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Mysore, [the ‘Tribunal’, for short] in MVC No.391/2009.
2. The claimant filed the petition before the Tribunal claiming compensation for the accidental injuries sustained by him in the Motor Vehicle accident, which occurred on 16.06.2005 alleging negligence on the part of the driver of the Car bearing registration No.KA-09 M-5483. On service of summons the insurer appeared and resisted the claim. After evaluation of the evidence, the Tribunal awarded a sum of Rs.55,000/- with interest at 6% p.a. from the date of petition till the date of realization. Aggrieved by the same, the claimant is before this Court seeking enhancement of compensation.
3. Heard the learned Counsel for the parties and perused the material on record.
4. The factum of accident resulting in the injuries sustained by the claimant is not in dispute. The claimant had suffered grievous injuries viz., fracture of Tibia left leg and had undergone surgery with the implants fixed. The claimant had taken treatment as an inpatient for a period of six days at Gopalagowda Shanthaveri Memorial Hospital at Mysore. Considering the nature of the injuries sustained by the claimant coupled with the evidence of the Doctor – PW.2, the Tribunal awarded a sum of Rs.30,000/- towards pain and suffering and for disablement. This Court is of the considered opinion, that the said compensation is on the lower side. Considering the factual aspects of the case, it would be appropriate to award a sum of Rs.25,000/- towards pain and suffering and a sum of Rs.25,000/- towards disablement.
5. It is obvious that the claimant has to face lot of inconvenience for the rest of his life due to the impact of the accidental injuries, which would compel him to forego many of the amenities in life, which he would have otherwise enjoyed. As such, it will be appropriate to award a sum of Rs.25,000/- towards discomfort and loss of amenities in life. Considering the date of accident, the monthly income of the claimant can be fixed at Rs.4,000/- and as such the claimant shall be entitled to a sum of Rs.12,000/- towards loss of income during the period of treatment. A sum of Rs.5,000/- would be reasonable compensation towards Attendant and conveyance, food, nourishment including incidental charges.
6. Thus, the compensation awarded by the Tribunal is modified as under:
7. Thus, the claimant shall be entitled to total compensation of Rs.1,01,700/- as against Rs.55,000/- awarded by the Tribunal, which shall carry interest at 6% per annum from the date of the petition till the date of realization.
8. In the result, the appeal stands allowed to the extent indicated above.
Sd/- JUDGE NG*