IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.9789 OF 2013 (MV) BETWEEN Prabha Sudhir, W/o Sudhir Bediguthu, Age 42 years, Residing at No.414, I Floor, 10th Cross, 14th Main Road, J.P.Nagar, II Stage, Bangalore – 560 078.
Now Residing at C/o Gangadhar, Kote Main Road, Arkalgud Town, Hassan District.
(By Sri.M.E.Nagesh, Advocate) AND 1. P.Mahalingam, S/o Palaniyappan, Age Major, M.Chattipatya Village and Post, Omlur Taluk, Salem District – 636 455. Tamil Nadu State.
... Appellant 2. Royal Sundaram Allianz Insurance Co. Ltd., No.8/41, Mangalam Building, 4th Road, Salem – 636 009. Tamil Nadu.
Represented by the Manager, Royal Sundaram Allianz Insurance Co. Ltd., No.186/7, Raghavendra Complex, Wilson Garden, I Stage, Hosur Main Road, Bangalore – 27.
(By Sri. Arun Ponappa, Advocate for R2; R1 served unrepresented) ... Respondents This M.F.A. is filed under Section 173(1) of MV Act against the Judgment and Award dated 07.08.2013 passed in MVC No.2034/2011 on the file of the Senior Civil Judge, MACT, Arkalgud, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A coming on for Admission this day, the Court made the following:
JUDGMENT The claimant - appellant is in appeal under Section 173(1) of the M.V.Act, not being satisfied with the quantum of compensation awarded under the judgment and award dated 07-08-2013 in M.V.C.No.2034/2011 on the file of the Senior Civil Judge, MACT, Arkalgud.
2. The claimant - appellant claims that she sustained injuries in an accident which occurred on 19.06.2011, when she was traveling in car bearing registration No. KA-02-ME-6987. It is stated that when she was traveling in the car, lorry bearing registration No. TN-30-BY-6988 came in a rash and negligent manner and dashed against the car, due to which, the claimant and other inmates of the car sustained injuries. It is stated that the claimant had suffered deep laceration right hand with APL injury, right thumb with bone injury and abrasion of forehead. The Insurance Co. appeared before the Tribunal and filed its objection denying the claim.
3. Before the Tribunal, P.Ws. 1 to 5 were examined and Exhibits P.1 to P.70 were marked in respect of five claim petitions. The Tribunal in respect of the claimant herein, awarded a total compensation of Rs.44,628/- on the basis of the available records. The claimant not being satisfied with the compensation awarded, is before this Court.
4. Heard the learned counsel for the appellant and learned counsel for the respondent – Insurance Co. Perused the records.
5. Learned counsel for the appellant submits that the claimant has suffered grievous injuries and the compensation awarded by the Tribunal is on the lower side. He submits that the Tribunal has not properly awarded compensation under various heads.
6. Per contra, learned counsel for the respondent – Insurance Co. submits that the compensation awarded by the Tribunal is just and proper and needs no interference by this Court with the judgment and award.
7. The claimant – appellant suffered, as per wound certificate, injuries such as deep laceration of right hand with APL injury, right thumb with bone injury and abrasion of fore head. The Tribunal looking into the materials on record, such as, wound certficate, medical bills and the prescription had awarded Rs.25,000/- for pain and suffering and a sum of Rs.19,628/- towards medical expenses. Looking to the injures suffered and treatment taken by the appellant – claimant, I am of the view that the claimant would be entitled for global compensation of Rs.60,000/- as against Rs.44,628/- granted by the Tribunal with interest at 6% per annum on the enhanced compensation from the date of claim petition till its realization.
Accordingly, the appeal is disposed of.
Mgn/-
Sd/- JUDGE