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.3322 OF 2015 (MV) BETWEEN:
PRATHVIRAJ S. SHET AGED ABOUT 22 YEARS S/O SUBRAMANYA SHET R/O ALIVEKODI, SHIRUR POST & VILLAGE KUNDAPURA UDUPI DISTRICT – 576 101.
... APPELLANT (BY SRI H. PAVANA CHANDRA SHETTY, ADVOCATE) AND:
AUTHORIZED OFFICER N.W.K.R.T.C.
SIRSI DIVISION HUBLI ROAD SIRSI, U.K. DISTRICT – 573 001.
(BY SRI F.S. DABALI, ADVOCATE) ---
... RESPONDENT THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2015 PASSED IN MVC NO.487/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, 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 23.01.2013 when the driver of NWKSRTC bus bearing registration No.KA-31 F-1059, in which the appellant was travelling as a passenger, drove the vehicle in a rash and negligent manner causing the accident.
3. On account of the accident, the appellant suffered multiple injuries such as multiple abrasions over all four limbs, left fronto zygomatic and lateral fracture, closed head injury with pneumocephalas, left scapula fracture and left clavicle undisplaced fracture as per Ex.P-3 –wound certificate. The appellant was aged 18 years at the time of accident and was earning Rs.9,000/- p.m. by doing coolie work. He has produced medical bills as per Ex.P-10, which disclose that he incurred medical expenses to the extent of Rs.1,22,304/-. Considering the nature of injuries and the disability suffered, The Tribunal has awarded a total compensation of Rs.3,75,090/- under different heads. 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 Tribunal has erred in awarding Rs.65,000/- under the head pain and sufferings and assessing the income of the appellant at Rs.4,000/- p.m. He further submits that the Tribunal has also erred in imposing 20% contributory negligence on the part of the appellant.
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 gone through the records as also the pleadings and the discussions made by the Tribunal, and having considered the nature of injuries, age of the claimant and the disability suffered, we are of the view that if a sum of Rs.75,000/- is awarded as global compensation, it would meet the ends of justice.
8. Accordingly, this appeal is allowed in part.
The judgment and award of the Tribunal is modified. The appellant is entitled to global compensation of Rs.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.
The enhanced compensation of Rs.75,000/-, does not attract the contributory negligence of the appellant to the extent of 20%.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca