IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.10720 OF 2012 [MV] BETWEEN PRUTHVI RAJ, S/O. RAJU H.M., AGED ABOUT 11 YEARS, MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER, H.M. RAJU, R/O AT GORUR RAMASWAMY IYENGAR ROAD, 1ST CROSS, UDAYAGIRI, HASSAN, HASSAN DISTRICT.
... APPELLANT (BY SRI. B.B. GIRISH KUMAR, ADVOCATE) AND 1. H.M. PARAMESH, S/O. LATE MARANNA, R/O. EWS-802, 19TH CROSS, KUVEMPUNAGAR, HASSAN, HASSAN DISTRICT.
2. THE NEW INDIA INSURANCE CO LTD., P.B. NO.96, CHANDAN COMPLEX, HARSHAMAHAL ROAD, HASSAN.
... RESPONDENTS (BY SRI. M. NARAYANAPPA, ADVOCATE FOR R2; R1- SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2011 PASSED IN MVC NO.1370/2008 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, MEMBER, MACT-2, HASSAN PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of both the learned counsel.
This appeal is filed by the claimant, seeking enhancement of compensation awarded by the Tribunal, wherein a sum of Rs.25,000/- has been awarded for the injuries sustained by the appellant in a road traffic accident.
2. I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the Respondent No.2- Insurance Company.
3. It is the case of the appellant that on 08.04.2008 at about 11.00 a.m., when he was traveling in an auto rickshaw bearing registration No.KA-20-9713 along with his mother to go to Shandy, and when they reached in front of Mini Vidhana Soudha, Kuvempunagara Main Road, the driver of the offending Tata Indica bearing registration No.KA-13-A- 103 drove the said car in a rash and negligent manner and dashed against the auto rickshaw, on account of which, he fell down and sustained fracture of his middle finger of right hand and also injuries all over the body.
4. Before the Tribunal, the claim petition was filed seeking compensation of Rs.5 Lakhs. The father of the injured was examined as PW1 and doctor was examined as PW2, Exs.P-1 to P-7 were marked on behalf of the claimant. No evidence was let in and no documents were marked on behalf of the respondents. After considering the evidence and material on record, the Tribunal awarded a sum of Rs.25,000/- with interest at 6% per annum.
5. Assailing the aforesaid judgment and award passed by the Tribunal, the learned counsel for the appellant contended that the injured sustained lacerated wound over right middle finger with complete separation of tip and there is a fracture of distal phalanx of right middle finger and he further contended that according to PW2 – doctor, there is disability to an extent of 10% to the right hand. However, the Tribunal has not taken into consideration this aspect and awarded a meager compensation and hence, seeks to enhance the compensation by modifying the judgment and award passed by the Tribunal.
6. Per contra, the learned counsel appearing for respondent No.2-Insurance Company contended that the compensation awarded by the Tribunal is just and reasonable and does not call for interference and seeks to dismiss the appeal.
7. The accident in question involving the Tata Indica car bearing registration No.KA-13-A-103, which was insured with the 2nd respondent herein is not in dispute. The actionable negligence on the part of the driver of the said car causing the said accident is also not disputed.
8. The injured was a young boy aged about 11 years, he was pursuing 7th standard. According to Ex.P2 Wound certificate, he sustained one grievous injury, lacerated wound over right middle finger with complete separation of tip. Ex.P7 – x-ray goes to show that, there is a fracture of distal phalanx of right middle finger. PW2 has deposed that there is a malunion of distal phalanx movement of right middle finger inter phalangel joints have been restricted. He has further stated that, it is typical and painful for the injured to hold any object with right hand and to do work in coordination with left hand. He has assessed the disability to his right hand at 10%. Considering the aforesaid evidence and material on record, the Tribunal has awarded a sum of Rs.15,000/- towards ‘pain and suffering’, the same is enhanced to Rs.30,000/-. Further, a sum of Rs.45,000/- is awarded towards disability including loss of amenities as against Rs.10,000/- awarded by the Tribunal under the said head. In all, the appellant is entitled for a total compensation of Rs.75,000/- as against Rs.25,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 21.10.2011 passed by the Additional District Judge and MACT-II, Hassan in MVC No.1370/2008 is hereby modified.
The appellant-claimant is entitled for a total compensation of Rs.75,000/- as against Rs.25,000/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
Respondent No.2-Insurance Company is directed to deposit entire amount within four weeks from the date of the receipt of the copy of this judgment.
Learned counsel for respondent No.2 is permitted to file Vakalath within four weeks.
snc Sd/- JUDGE