IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.158/2019(MV) BETWEEN:
SRI ANASAR @ ANSAR PASHA S/O B P PYARIJON AGED ABOUT 33 YEARS R/AT PENSION MOHALLA HASSAN CITY – 573 201 HASSAN. …APPELLANT (BY SRI VIJAY SINGH M FOR SRI CHETHAN B, ADVOCATE) AND:
1. AKBAR MOHAMMED BERRY S/O MOAHMMED R/A. HOUSE No.4-27-6 PALLIGUDDE HOUSE KOTE VILLAGE AND POST KATPADY, UDAPI – 576 101.
2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., UDUPI REPRESENTED BY THE MANAGER NEW INDIA ASSURANCE CO. LTD., CHANDAN COMPLEX HARASHAMAHAL ROAD HASSAN – 573 201. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.11.2018 PASSED IN MVC No.1530/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE & ADDITIONAL MACT, HASSAN, 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 Appeal is directed against the Judgment and award dated 05.11.2018 passed in MVC No.1530/2015 by the II Additional District and Sessions Judge and Additional MACT, Hassan.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It is claimant’s appeal seeking enhancement of compensation. Claimant is said to have sustained injuries in a road traffic accident on 19.01.2015 at about 6.30 P.M. Considering the accidental injuries and disability learned Member has allowed the claim petition for compensation in part and granted compensation of Rs.3,52,000/- together with interest at 6% p.a. holding respondents 1 and 2 owner and insurance company jointly and severally liable to pay the compensation.
4. The details of the accident are that on 19.01.2015 at about 6.30 P.M. after business at Channarayapatna the claimant along with his friend were waiting for the bus at Kattharigatta Gate at NH- 75, B.M.Road. Meanwhile the rider of motorcycle bearing registration No.KA-20-ED-9899 drove the same in a rash and negligent manner because of which claimant sustained injuries.
5. The matter was contested by the owner and insurance company. The income of the petitioner per month was considered at Rs.9,000/- and disability percentage was considered at 12%.
6. The compensation amount granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and suffering Rs. 50,000/-
2. Medical expenses Rs. 63,084/-
3. Loss of earning during treatment Rs. 11,000/-
Total Rounded off Rs.3,51,994/-
Rs.3,52,000/-
7. Learned counsel for appellant submits that injuries 1 and 2 sustained by the claimant are said to be grievous in nature and hence prays for enhancement of compensation.
8. Considering the context and circumstances of the case, I find the amount of Rs.3,52,000/- is fair and just compensation and does not require further consideration. There are no reasons for continuation of the proceedings further. Appeal is liable to be rejected at the preliminary stage. Accordingly appeal is rejected.
Sd/- JUDGE SBN