IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.4346 OF 2015 (MV) BETWEEN:
S. SURESH S/O. SIDDARAJU, AGED ABOUT 25 YEARS, RESIDING AT MOGARAHALLY MANTIS, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
(BY SRI H.B. CHANDRASHEKAR, ADV.) ... APPELLANT AND:
1. BORALINGU S/O. BYREGOWDA, AGED ABOUT 56 YEARS, RESIDING AT NO.77, I MAIN, BEHIND MADESHWARA ROAD, K. KOPPALU, MYSORE DISTRICT.
2. THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD., NO.1200, 2ND CROSS, ASHOKA NAGAR, MANDYA-571401.
... RESPONDENTS (BY SRI A. M. VENKATESH, ADV. FOR R-2; & NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 13-12-2017) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 8-7-2014 PASSED IN M.V.C. NO.1412 OF 2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, M.A.C.T., SRIRANGAPATTANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Aggrieved by the compensation of Rs.3,31,800/-, the claimant/appellant has challenged the judgment and award dated 8-7-2014, passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapattana, in M.V.C. No.1412 of 2010.
2. The brief facts of the case are that on 1-11-2010 at 12:00 noon, the appellant was going as a pillion rider in motor-cycle, bearing Registration No.KA-01 EE-4540. When he reached near Mysore-K.R.S. road, the driver of the lorry, bearing Registration No.MH-11 F-4300, came in a rash and negligent manner with high speed and dashed against the motor-cycle. Due to the impact, the appellant sustained grievous injuries to right knee and right leg. X-ray confirmed Type III open comminuted proximal tibia fracture right side. The appellant filed a claim petition before the Tribunal. By award dated 8-7-2014, the Tribunal has awarded compensation as aforementioned. Hence, this appeal before this Court.
3. Learned counsel for the appellant submits that although the appellant sustained grievous injuries and has produced bills amounting to Rs.1,80,000/-, the Tribunal has awarded only Rs.82,000/- towards ‘medical expenses’. Hence, he seeks for enhancement of compensation under the said head.
4. The learned counsel for the respondent – Insurance Company submitted that the compensation awarded by the Tribunal is just and reasonable and there is no scope for enhancement. Hence, he sought for dismissal of the appeal.
5. I have perused the judgment and award passed by the Tribunal. The only ground, according to the appellant, on which he seeks enhancement, is towards ‘medical expenses’.
6. Considering the nature of injuries suffered by the appellant and also the submission made by the learned counsel for the appellant, I deem it proper to award additional compensation of Rs.80,000/- (Rupees eighty thousand only), without interest, in addition to what has been awarded by the Tribunal.
Accordingly, the appeal is party allowed.
Sd/-
JUDGE kvk