IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 9837/2010 (MV) BETWEEN:
MR. SANTOSH S/O SRI RAMACHANDRA AGED ABOUT 20 YEARS R/AT OPP. KORAMANGALA CLUB BLOCK KORAMANGALA, BANGALORE-560034 (BY SRI N.C.MOHAN, ADVOCATE) AND 1.SRI B N KULKARNI S/O SRI N M KULKARANI NO.31A, 5TH MAIN MLA LAYOUT R.T.NAGAR POST BANGALORE-560 032 2.BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., TBR TOWERS, 1ST FLOOR NEW MISSION ROAD NEAR STOCK EXCHANGE BANGALORE-560002 (BY SRI O. MAHESH, ADVOCATE FOR R-2;
... APPELLANT ... RESPONDENTS NOTICE TO R-1 DISPENSED WITH V/O DT. 08.12.2014) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14/07/2010 PASSED IN MVC NO.5662/2008 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant sustained injuries in an accident that occurred on 25.04.2008 at about 3.30 p.m. on 20th main road, Koramangala, Bengaluru, while he was walking on the footpath when the driver of car bearing registration No.ML-05 D-4142 came on the footpath in a rash and negligent manner and dashed against him.
3. On account of the accident, the appellant sustained multiple grievous injuries all over his body and the head injury affected his functional memory. The appellant was aged 17 years at the time of accident and was doing fruit juice vending business.
4. Learned counsel for the appellant submits that the Tribunal has erred in taking the notional income of the appellant at Rs.3,000/- though he was earning Rs.7,000/-
p.m. from fruit juice business. He further submits that the Tribunal has erred in assessing the permanent disability only at 20% and has further erred in awarding meager amount of compensation under the conventional heads.
5. I have heard learned counsel for the parties and have gone through the papers made available.
6. It is seen from the material on record that the appellant was inpatient from 25.04.2008 to 16.06.2008 and was advised bed rest for 6 months. On account of head injury, he has suffered permanent disability and spent huge amount towards medicines, conveyance and nourishment expenses. In the circumstances, I am of the view that if another sum of Rs.1,75,000/- is awarded globally in addition to what has been awarded by the Tribunal, it would meet the ends of justice.
7. Accordingly, this appeal is allowed in part to the extent indicated above.
It is made clear that the enhanced compensation shall not carry any interest.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv