IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA MFA No. 9339/2013 (MV) BETWEEN:
SHIVARAJU, S/O RANGASOMACHARI, AGED 17 YEARS, R/AT BHIMANNA BEEDU VILLAGE, GUNDLUPET TALUK, CHAMARAJANAGARA-571428. REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI RANGASOMACHARI SINCE APPELLANT IS MINOR. ... APPELLANT (BY SRI. PRAMOD R., ADV.) AND:
1. RAMESHWARA LAL NAIK, S/O DULU LAL NAIK, BANIDA VILLAGE, GANGAR TALUK CHITTORGARAH, RAJASTHAN 520008.
2. THE BRANCH MANAGER, ICICI LAMBARD GENERAL INSURANCE CO. LTD, NO. 204, NEW KANTHARAJ URS ROAD, SARASWATHIPURAM, MYSORE-571408. ... RESPONDENTS (BY SRI. B. PRADEEP, ADV. FOR R2.
NOTICE TO RESPONDENT NO.1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.12.2012 PASSED IN MVC NO.8/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M., CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. With the consent of learned counsel appearing for the parties, the appeal is heard and disposed of finally. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 13.12.2008 due to rash and negligent driving of the offending lorry bearing registration No.RJ-09-GA- 3508 by its driver and liability of the insurer of the offending vehicle, the point that arises for consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. After hearing the learned counsel appearing for parties and perusing the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence it is required to be enhanced.
6. As per Ex.P7-wound certificate, the claimant had sustained fracture of 1/3rd left lower leg. The injuries sustained by the claimant are also evident from Ex.C1-Case Sheet, Exs.C2, C3 & C4-Old X-ray and two new X-rays respectively, Ex.C5-Out Patient Slip and Ex.C6-Disability Certificate and corroborated by the oral evidence of the claimant and doctor, who were examined as PWs-1 and 2 respectively. PW-2-Dr.Kiran Kalaiah in his evidence has stated that the claimant has suffered disability of 6% to the whole body.
7. Considering the nature of injuries sustained by the claimant, a sum of Rs.25,000/- is awarded towards ‘pain and suffering’ as against Rs.20,000/- awarded by the Tribunal.
8. The claimant has not produced any medical bills regarding amount spent towards treatment and medicine. He was treated as inpatient for two days at K.R.Hospital, Mysore. Considering the same, Rs.1,000/- awarded by the Tribunal towards ‘medical expenses’ and Rs.13,000/- awarded, towards ‘incidental expenses’ such as conveyance, nourishment and attendant charges are just and proper and there is no scope for enhancement under the above heads.
9. As claimant was minor, he was looked after by his parents during the period of treatment and rest leaving their regular work and suffering financial loss and therefore, a sum of Rs.10,000/- is awarded towards ‘loss of income of the parents during laid up period’ 10. Considering the disability stated by the doctor at 6% to the whole body and an amount of discomfort and an amount of unhappiness the claimant has to undergo in his future life, a sum of Rs.20,000/- is awarded towards ‘loss of amenities and disability’.
11. Thus, the compensation awarded by the Tribunal is re-assessed as under:-
HEADS Rs.
Pain and sufferings 25,000 Medical Expenses 1,000 Incidental expenses 13,000 Loss of income during laid up period 10,000
12. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.33,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation excluding interest for the delayed period of 199 days in filing the appeal.
13. The Insurance Company is directed to deposit the additional compensation amount together with interest from the date of claim petition till the date of deposit excluding interest for the delayed period of 199 days in filing the appeal within two months from the date of receipt of a copy of this judgment and the same is ordered to be released in favour of the claimant, since, he has attained majority during the pendency of the appeal.
No order as to costs.
Sd/- JUDGE VM