IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.3118 OF 2015 [MV] BETWEEN RAMYA N. MESTHA, AGED ABOUT 19 YEARS, D/O. NAGARAJA N. MESTHA, R/O.”NEVEDITHA NILAYA”, NEAR ACHALA BHAVANA, CHURCH ROAD, KUNDAPURA TALUK, UDUPI DISTRICT-576 201.
... APPELLANT (BY SMT. JAYANTHI S., ADVOCATE) AND 1. SANDEEP KUMAR HEGDE, AGED ABOUT 24 YEARS, S/O. SUKUMAR HEGDE, R/O. “LACCHAMMA NILAYA”, KOYIKURU, MANURU POST & VILLAGE, UDUPI TALUK, UDUPI DISTRICT-576 201.
2. THE NATIONAL INSURANCE CO. LTD., BRANCH, 1ST FLOOR, GANESH MAHAL, MUNICIPAL MAIN ROAD, KUNDAPURA TALUK, UDUPI DISTRICT-576 201.
... RESPONDENTS (BY SRI. VENKATESH R. BHAGAT, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH VIDE COURT ORDER DATED 03.11.2016) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.01.2015 PASSED IN MVC NO.1115/2013 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 MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is listed for admission, the same is taken up for final disposal with the consent of both sides.
I have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent No.2-Insurance Company.
The injured-claimant has preferred this appeal seeking enhancement of compensation awarded by the Tribunal in MVC No.1115/2013, on the file of the Senior Civil Judge and Addl. MACT, Kundapura, wherein a total compensation of Rs.1,77,980/- has been awarded by the Tribunal towards the injuries sustained by her in the road traffic accident.
2. The appellant was a minor aged about 17 years at the time of accident. The facts of the case in brief are that on 20.08.2013 at about 5.30 p.m., when the appellant was walking on the side of the road near Ombathu Dandige Cross, Church Road, Kasaba Village, Kundapura Taluk, at that time, a tipper lorry bearing registration No.KA-20-C-2262, driven by its driver came from Ombathu Dandige side towards Kundapura side and dashed against the appellant, due to which, she sustained grievous injuries.
3. It is the case of the appellant that she was a student of 1st PUC. She was an active participant in the school cultural programmes and due to the accident, she has suffered permanent disability as well as she lost her educational career and future expectation of life etc.
4. The Tribunal after considering the oral and documentary evidence on record, awarded a total compensation of Rs.1,77,980/- with interest at 6% per annum from the date of petition till the date of deposit.
5. The learned counsel appearing for the appellant would contend that the total compensation awarded by the Tribunal is not commensurate with the injuries and the disability suffered by the claimant. Therefore, she seeks to enhance the compensation by modifying the judgment and award passed by the Tribunal.
6. The appellant sustaining injuries in a road traffic accident involving a tipper lorry bearing registration No.KA-20-C-2262 and the actionable negligence on the part of its driver is not in dispute.
The said vehicle was insured with the 2nd respondent herein.
7. The appellant was shifted to Vinaya Hospital, Kundapura and taken treatment as an inpatient and a surgery was conducted. She was an inpatient from 20.08.2013 to 24.08.2103. The medical evidence discloses that he had sustained bimalleolar fracture of right ankle. Again she was admitted as an inpatient on 01.01.2014, wherein the implants were removed and discharged on 02.01.2014. PW3 is the orthopedic Surgeon. He has assessed the total disability to an extent of 21%. Ex.P21 is the disability certificate issued by PW3. His evidence discloses that the fracture was mal-united and the appellant was limping and her right leg was weaker than her left leg and she was not able to stand on her right leg for a long time and cannot walk for a long distance and also she was finding difficulty in climbing and also folding the legs. PW3 has deposed that, it will be difficult for her to participate in any sports. There is nothing elicited in the cross-examination of PW3, so as to disbelieve the said evidence.
8. The Tribunal after considering the evidence and material on record, has awarded a compensation of Rs.60,000/-, towards disability, which is on the lower side, the same is enhanced to Rs.1,00,000/-. The Tribunal has awarded a sum of Rs.20,000/- towards loss of amenities. The same is enhanced to Rs.40,000/-. A sum of Rs.50,000/- is awarded towards loss of marriage prospects. The compensation awarded towards pain and suffering, medical expenses and loss of earning during laid up period is just and proper and no interference is called for. In all, the claimant is entitled for an additional compensation of Rs.1,10,000/- in addition to Rs.1,77,980/- awarded by the Tribunal. Accordingly, I pass the following :
ORDER The appeal is allowed in part.
The judgment and award dated 14.01.2015 passed by the Senior Civil Judge and A.M.A.C.T., Kundapura in MVC No.1115/2013 is hereby modified.
The appellant-claimant is entitled for an enhanced compensation of Rs.1,10,000/- in addition to Rs.1,77,980/- awarded by the Tribunal.
The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization.
Respondent No.2-Insurance Company is directed to deposit the entire amount within four weeks from the date of receipt of the copy of this judgment.
Sd/- JUDGE snc