IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE B MANOHAR MFA No.1546/2012 (MV) BETWEEN SHILPA JASMINE MARK AGED ABOUT 18 YEARS, (MINOR REP. BY MOTHER AND NATURAL GUARDIAN) SMT ROSELY MARK, W/O WALTER MARK, R/AT NEW HOUSING COLONY, SANTHOSH NAGAR, KUTHARU, MANGALORE, NOW R/AT MUDABELLE, UDUPI – 576 201. .. APPELLANT (By Sri G N MAIYA, ADVOCATE) AND 1. SURESH SHETTY (OWNER OF THE BUS No.KA-20/B-3817) AGED ABOUT 48 YEARS, S/O LAKSHMAN, R/AT PARI ROAD, BOLAR, MANGALORE-576101.
2. THE ORIENTAL INSURANCE CO. LTD, REP. BY ITS DIVISIONAL OFFICE, 2ND FLOOR, VISHNU PRAKASH BUILDING, UDUPI.
3. CHANDRASHEKAR (OWNER OF THE BUS NO.KA-19/B-9079) AGED ABOUT 48 YEARS, S/O GURUVAPPA, R/AT KANNAGUDDE, KUNNUR, MANGALORE-576101.
4. THE ORIENTAL INSURANCE CO. LTD., REP. BY ITS DIVISIONAL OFFICE, 2ND FLOOR, VISHNU PRAKASH BUILDING, UDUPI. .. RESPONDENTS (By Sri K N SRINIVASA, ADVOCATE FOR R2, Sri ANANDA SHETTY, ADVOCATE FOR R1, Sri A RAVISHANKAR, ADVOCATE FOR R4, R3 – SERVED UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.03.2011 PASSED IN MVC NO.594/2009 ON THE FILE OF THE ADDITIONAL MACT, AND PRINCIPAL SENIOR CIVIL JUDGE, UDUPI, 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 Appellant is the claimant. Being not satisfied with the quantum of compensation awarded in the impugned judgment and award dated 25.3.2011 passed in MVC No.594/2009 by the Motor Accident Claims Tribunal, Udupi (for short `Tribunal’), she has filed this appeal seeking enhancement of compensation.
2. The appellant is the minor represented by her mother. She filed a claim petition contending that on 11.4.2009 at about 5.45 p.m, while she was proceeding in a bus bearing Registration No.KA-19/B- 9079 from Mangalore to Udupi, near Pavanje bridge, the driver of the bus drove the same in a rash and negligent manner while overtaking another vehicle, at that time, another bus bearing Registration No.KA-20/B-3817 driven by its driver in a rash and negligent manner came and dashed against the bus in which the claimant was traveling. Due to that, the claimant sustained grievous injuries all over the body. Immediately after the accident, she was shifted to Padmavathi Hospital, Mangalore and thereafter she was shifted to Spandana Hospital, Karkala. In the accident, she sustained supercondyle fracture of humerous left and other minor injuries. She was inpatient for a period of 12 days and sought for compensation of Rs.5,00,000/-.
3. The Insurance Company defended the case by filing written statement.
4. After trial, the Tribunal held that due to rash and negligent driving by the driver of the offending vehicle, the accident had occurred. Hence, claimant is entitled for compensation. The claimant took treatment in Padmavathi Hospital from 11.4.2009 to 14.4.2009 and thereafter she was shifted to Spandana Hospital, Karkala and took treatment from 15.4.2009 to 22.4.2009. She was inpatient in the said hospitals for a period of 12 days. At the time of accident, she was aged about 15 years. The Tribunal awarded a sum of Rs.20,000/- towards `pain and sufferings’, Rs.10,000/- towards `medical expenses’, Rs.2,000/- towards `conveyance charges’, Rs.3,000/- towards `attendant and nourishment’ and Rs.15,000/- towards `discomfort’. In all, a sum of Rs.50,000/- has been awarded by the Tribunal with interest at 8% p.a. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellant has preferred this appeal seeking for enhancement of compensation.
5. I have carefully considered the arguments addressed by the learned counsel appearing for the parties and perused the judgment and award and oral and documentary evidence let in by the parties.
6. The dispute in this appeal is only with regard to the quantum of compensation.
7. In the road traffic accident occurred on 11.4.2009 due to actionable negligence on the part of the driver of the offending vehicle, the claimant has sustained following injuries:
1. Fracture right humerus.
2. Lacerated wound on the right side of the forehead.
Initially, she took treatment in Padmavathi Hospital at Mangalore as inpatient from 11.4.2009 to 14.4.2009. X-rays were taken and operation was done and bandages were put. Thereafter she was shifted to Spandana Hospital at Karkala and took treatment as inpatient from 15.4.2009 to 22.4.2009. In view of the injuries, she missed out her studies. Since there was over writing on the medical bills, the Tribunal awarded a sum of Rs.10,000/- towards `medical expenses’. The compensation awarded in all other heads is on the lower side, looking into the injuries sustained by the claimant. Under the Motor Vehicle act, the Tribunal is bound to consider the injuries sustained and sufferings undergone by the claimant and award just and fair compensation. In the instant case, as there is some discrepancy in the medical bills, the Tribunal has not awarded any compensation towards `future loss of income’. Taking into consideration the injuries sustained and sufferings undergone by the claimant, I am of the opinion that global compensation of Rs.25,000/- is to be awarded in addition to the compensation of Rs.50,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER Appeal is allowed in part. The judgment and award dated 25.3.2011 passed in MVC No.594/2009 by the Motor Accident Claims Tribunal, Udupi is modified. Claimant is entitled for enhanced compensation of Rs.25,000/- (Rupees twenty five thousand only) in addition to Rs.50,000/- awarded by the Tribunal with interest at the rate of 8% p.a.
Sd/- JUDGE Bkm.