IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No.6564 OF 2016 (MV) BETWEEN:
SRI. B. N. RAHUL S/O. B. NAGESHWAR RAO AGED ABOUT 31 YEARS NO.74, 9TH CROSS BDA LAYOUT, 2ND STAGE, 2ND BLOCK NAGARABHAVI, BANGALORE-560 072. ... APPELLANT (BY SRI. VISWANATH SABARAD, ADV.) AND:
1. SMT. N. LATHA W/O. N.T. NARASIMHAMURTHY MAJOR NO.5, NEAR GANESHA TEMPLE ULLALU UPANAGARA BANGALORE-560 056.
2. THE MANAGER SBI GENERAL INSURANCE CO. LTD. GROUND AND FIRST FLOOR RUKMINI TOWERS, 3-1 PLATFORM ROAD/RAILWAY APPROACH ROAD SHESHADRIPURAM BANGALORE-560 020. ... RESPONDENTS (BY SRI. CHANDRASHEKAR C. CHANASPUR, ADV. FOR R1 SRI. K.N.KESHAVA PRAKASH, ADV. FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.07.2016 PASSED IN MVC NO.3763/15 ON THE FILE OF THE MEMBER, MACT, 16TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT This appeal is by the claimant directed against the impugned judgment and award dated 26.07.2016 passed in MVC No.3763/2015, on the file of the Member, MACT, XVI Additional Judge, Court of Small Causes, Bangalore (hereinafter referred to as ‘Tribunal’ for short) for enhancement of compensation on the ground that the compensation of Rs.4,95,000/- with interest @ 9% p.a. awarded in favour of the claimant is on the lower side.
2. The brief facts of the case are:
The case of the appellant before the Tribunal was that, he was a Mechanical Engineer in HAL (Aircraft Division), Bangalore, aged about 30 years as on the date of the accident, earning monthly income of Rs.50,339/-. He was hale and healthy prior to the date of accident. That on 11.07.2015, at about 12.30 p.m., he was riding Pulsar Motorcycle bearing No.KA-03-HH-4392 from Ullala towards Mysore road on the extreme side of Bangalore University main road. When he was near Railway Bridge, a Dustar car bearing No.KA-02-MK-5415 came from the opposite direction in a rash and negligent manner endangering human life suddenly overtook another car and came to his wrong side and dashed against the motorcycle. As a result, the appellant fell down along with the vehicle and sustained severe injuries to right foot, hip, knee and grievous injuries all over the body. Immediately, he was shifted to Rajarajeshwari Hospital, Bangalore, where first aid treatment was given to him and thereafter, he was referred to BGS Global Hospital, Bangalore, and he was admitted as inpatient from 11.07.2015 to 20.07.2015. On account of displaced posterior column fracture with subluxation of femoral head posteriorly, right acetabulum transtectal comminuted ‘T’ fracture, he underwent ORIF with recon plates for right acetabulum. Hence, this appeal.
3. The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the driver of the offending vehicle and consequently awarded compensation of Rs.4,95,000/- with interest at 9% per annum from the date of petition till the date of realization.
4. The learned counsel for the appellant vehemently submitted that the compensation awarded by the Tribunal towards ‘loss of income during laid-up period’ and ‘pain and sufferings’ is on lower side and prays for enhancement of the compensation.
5. Per contra, the learned counsel appearing for the respondents submitted that the tribunal, on appreciation of the evidence and material on record has rightly awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal.
6. On perusal of the records, it is seen that the Tribunal after considering that due to accident, he was on leave for three months 20 days as per the advise of the doctor and during his leave period IMS written test for promotion was conducted and he lost his promotion and increment during that period as he could not attend the said test. The Tribunal, taking the income of the claimant at Rs.50,000/- p.m., it has opined to take 1½ month salary as compensation towards ‘loss of leave’ and 1 month salary as compensation towards ‘loss of career opportunity’ has awarded Rs.75,000/- towards ‘loss of leave’ and Rs.50,000/- towards ‘loss of career opportunity’ totaling to Rs.1,25,000/-. However, on overall facts and circumstances, considering that amount of compensation awarded under the head pain and suffering is on the lower side and even on other heads, compensation being slightly on the lower side, if a further sum of Rs.1,00,000/- is awarded, it would meet the ends of justice.
Accordingly, the appeal is allowed in part. The impugned judgment and award dated 26.07.2016 passed in MVC No.3763/2015, on the file of the Member, MACT, XVI Additional Judge, Court of Small Causes, Bangalore, is hereby modified awarding additional sum of Rs.1,00,000/- with interest at 6% per annum from the date of petition till the date of realization.
The Insurance Company is directed to deposit the amount within four weeks from the date of receipt of copy of the judgment and award and on such deposit, the same shall be disbursed to the claimant as per the impugned judgment.
There shall be no order as to the costs. Office to draw the decree accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE TL