IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.6768 OF 2018(MV) Between Sri. Abhijith Kundar S/o. Rajshekar Kundar Aged about 26 years Residing at No.1, 118/A Hosapete Tarshi Kundapur Taluk Udupi District-576 235. …Appellant (By Sri. Srinivasa.T.P., Advocate) And 1. National Insurance Co. Ltd., Subramam Complex M.G. Road Bangalore-560 001.
2. Sri. Senguttavam Aged Major Residing at Athreya Nilaya S.N. Palya, Hebbum Tumkur District Tumkur-572 101. …Respondents (By Sri. E.I. Sanmathi, Advocate for R1; v/o dtd. 16.7.2019, notice to R2 d/w) This appeal is filed under section 173(1) of MV act, against the judgment and award dated: 23.04.2018 passed in MVC No.5783/2016 on the file of the X Additional Judge, Court of Small Causes & MACT, Bengaluru, partly allowing the claim petition and seeking enhancement of compensation.
This appeal coming on for Admission this day, the court delivered the following:
JUDGMENT This appeal has been preferred by the appellant- claimant aggrieved by the impugned judgment and award of quantum of compensation by the X Addl. Judge, Court of Small Causes, Bengaluru in MVC No. 5783/2016 dated 23.04.2018 in his favour in respect of injuries sustained by him in road accident that occurred on 27.07.2016.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance Company is not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellant-claimant submits that having regard to the grievous and serious nature of the injuries sustained by the appellant-claimant in the accident, the total compensation in a sum of Rs.1,69,500/- granted in favour of the appellant is highly inadequate and meagre.
5. Per contra, the learned counsel for the respondent No.1 would support the impugned order.
6. I have perused the impugned judgment and award and perused the material on record.
7. A perusal of the judgment and award and the material on record would clearly indicate that having regard to the grievous injuries sustained by the appellant in the accident which resulted in him suffering permanent disability to an extent of 10% to the entire body, the total compensation in a sum of Rs.1,69,500/- awarded by the Tribunal is highly meager, insufficient and inadequate.
8. In view of the material on record and the facts and circumstances of the case, I deem it fit and proper to award Rs.65,000/- inclusive of interest by way of global compensation in favour of the appellant-claimant towards the claim of the appellant.
9. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 23.04.2018 passed by the X Addl. Judge, Court of Small Causes, Bengaluru in MVC No. 5783/2016 is hereby modified.
(iii) The appellant is entitled to a sum of Rs.65,000/- inclusive of interest by way of global compensation in addition to the compensation awarded by the Tribunal.
No costs.
Sd/- JUDGE SSD