IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.7207 OF 2015 (MV - I) BETWEEN:
SRI. ABEED KHAN S/O MEHABOOB KHAN AGED ABOUT 36 YEARS SUPERVISOR MAHARAJA INDUSTRIES FACTORY NOW NIL, PRESENT R/O INDUSTRIES AREA DAVANAGERE – 577 002 ... APPELLANT (BY SRI.MALLIKARJUN G. CONTRACTOR, ADV.) AND:
1. B.P. RAVIKUMAR S/O PARASHURAMAPPA AGED ABOUT 33 YEARS DRIVER OF HONDA C.D. DELUX BEARING REG. NO. KA-17/W-8754 R/O RAMAGONDANAHALLI VILLAGE DAVANAGERE TALUK AND DISTRICT – 577 512 2. SMT. RENUKA R.W W/O THIPPESWAMY S OWNER OF HONDA C.D.DELUX BEARING REG.NO.KA-17/W-8754 R/O HUVINAMADU VILLAGE DAVANAGERE TALUK – 577 512 3. NATIONAL INSURANCE CO. LTD REPRESENTED BY ITS DIVISIONAL MANAGER ‘MELAGIRI PLAZA’ DENATAL COLLEGE ROAD M.C.C., ‘B’ BLOCK DAVANAGERE – 577 002 (BY SRI.ASHOK N PATIL, ADV. FOR R3; R1 AND R2 SERVED) ... RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2015 PASSED IN MVC NO.35/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND 7TH MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellant sustained motor vehicle accidental injuries on 14.08.2013. He made a claim for compensation. The Tribunal awarded compensation of Rs.40,000/- against which he preferred this appeal.
2. It is the case of the appellant that he has sustained fracture to the nasal bone and he has taken treatment as inpatient for 8 days and suitable compensation has not been awarded.
3. Learned counsel for the respondent submits that whatever has been awarded by the Tribunal is just compensation and the appellant has not made out a case for enhancement.
4. The motor vehicle accident is not in dispute and so also the fracture suffered by the appellant. The Tribunal has assigned the reason at Paragraph No.16 that though the claimant - appellant has sustained fracture to the nasal bone, it would not result in reducing his income. By considering all facts, Tribunal awarded Rs.40,000/- of which Rs.30,000/- is awarded under the head pain and sufferings.
5. Considering all the aspects of the matter, I find whatever compensation awarded by the Tribunal is not on lower side. However, there is a little scope for enhancement which will meet the ends of justice.
6. Accordingly, the petition stands disposed of with global compensation of * Rs.25,000/- without interest in addition to what has been awarded by the Tribunal.
7. Hence, the appellant – claimant is entitled for a further global compensation of * Rs.25,000/-. Appeal is accordingly allowed in part.
* corrected vide chamber order dated 30.11.2017 Sri.Ashok N.Patil, learned counsel is permitted to file the vakalath within two weeks for respondent No.3.
Sd/- JUDGE GH