IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE ASHOK G.NIJAGANNAVAR MFA NO.8737 OF 2015 (MV) BETWEEN:
PRASANNA @ PRASANNA KUMAR S/O MAHALINGAPPA AGED ABOUT 30 YEARS R/AT GOPEGOWDANAPALYA N.V.KERE HOBLI TIPTUR TALUK – 572 201.
(BY SRI K. SHANTHARAJ, ADVOCATE) AND:
... APPELLANT 1. M/S. SAHARA INDIA ROAD LINES 5-A, SHYAM ENCLAVE GAINI BORDER, NITCO WALI GALLI GAZIABAD, UTTAR PRADESH – 201 001.
2. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., REPRESENTED BY MANAGER ICICI LOMBARD HOUSE 414, VEER SAVARKAR MARG, NEAR SIDDI VINAYAKA TEMPLE PRABHADEVI, MUMBAI – 400 025.
... RESPONDENTS (BY SRI A.M. VENKATESH, ADVOCATE FOR R2 NOTICE TO R1 D/W V/C/O DTD: 04.04.2016) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2015 PASSED IN MVC NO.647/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIV MACT, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant suffered injuries in an accident that took place on 02.03.2013 at about 11.15 p.m. when the driver of lorry bearing registration No.HR-55 L-4274 drove the vehicle in a rash and negligent manner and dashed against the motor bike bearing registration No.KA- 02 EL-550 of the appellant causing the accident.
3. On account of the accident, the appellant has suffered multiple injuries such as fracture of right middle 3rd clavicle, fracture of right radius and ulna and fracture of right zygomatic arch as per Ex.P-2-wound certificate. The appellant was aged 28 years at the time of accident and was earning Rs.15,000/- p.m. by doing vegetable business and agriculture. He has produced medical bills as per Exs.P-28 to P-78. Considering the nature of injuries, the Tribunal has awarded a total compensation of Rs.2,62,152/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal, the appellant is before this Court.
4. Heard learned counsel for the parties and perused the material placed on record.
5. Learned counsel for the appellant submits that the income of the appellant taken by the Tribunal at Rs.4,500/- p.m. is on the lower side and the compensation awarded under the head pain and suffering and towards food and nourishment are also on the lower side. Hence, he seeks for enhancement of compensation.
6. Learned counsel for the respondent submits that the compensation awarded by the Tribunal is just and proper and no ground is made out for interference. Hence, the appeal may be dismissed.
7. Having heard learned counsel for the parties and having gone through the records, we are of the view that if a sum of Rs.1,75,000/- is awarded as global compensation, it would meet the ends of justice.
8. Accordingly, the appeal is allowed in part. The judgment and award of the Tribunal is modified. The appellant is entitled to global compensation of Rs.1,75,000/-, in addition to what has been awarded by the Tribunal.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca