IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT MFA No.2575 OF 2018 (MV) BETWEEN SRI B.VENKATESH S/O B.SRINIVASULU SHETTY AGED ABOUT 44 YEARS C/O MANGALAGOWRI BUILDING JANATHA COLONY BIDADI-562 109 ... APPELLANT (BY SRI N.S.BHAT, ADVOCATE) AND 1. M/S INDO ARYA CENTRAL TRANSPORT LTD., NO.65/1, HEGGADEVANAPURA DASANAPURA HOBLI BENGALURU – 562 123.
(R.C OWNER OF LORRY NO.KA-52-5046 TATA EX-2) 2. THE MANAGER ORIENTAL INSURANCE COMPANY LTD. NO.6, 7TH MAIN ABOVE FOOD WORLD 80 FEET ROAD 3RD BLOCK, KORAMANGALA BENGALURU – 560 034.
(POLICY NO.422101/31/2014/3712 VALID FROM 18.06.2013 TO 17.06.2014) ... RESPONDENTS (BY SRI V.R.DATAR, ADVOCATE FOR R2; R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.01.2018 PASSED IN MVC NO.444/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, 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 This appeal by the claimant lays a challenge to the judgment and award dated 30.01.2018 whereby the Additional MACT, Ramanagara having favoured the claim petition in MVC No.444/2014, has awarded a global compensation of Rs.20,000/- with future interest at the rate of 7% p.a. After service of notice, the respondent- insurer has entered appearance through his senior panel counsel Sri. V.R. Datar, and resists the appeal.
2. In a vehicular accident that happened on 01.05.2014 because of rash and negligent driving of the subject Lorry bearing No.KA-52-5046-TATA, the claimant was injured and his claim petition having been resisted by the other side by filing written statement, came to be partly allowed. The grievance of the claimant is against the inadequacy of the compensation.
3. Having heard the leaned counsel for the parties and having perused the appeal papers, this Court grants limited indulgence in the matter for enhancing the compensation inasmuch as admittedly the claimant was hospitalized for a period of 12 days, although the medical bills are little disputed and the Doctor who treated the injured claimant was not examined nor any explanation for not examining had been offered.
4. However, looking to the facts and circumstances of the case and especially the marked fact that the claimant was hospitalized for a period of 12 days, this appeal needs to be favoured in part.
In the above circumstances, the impugned judgment and award are modified by enhancing the compensation from Rs.20,000/- to Rs.40,000/-, all other terms and conditions having been left intact.
The interest at the rate of 7% shall be payable from the date of the judgment and award of the Court below.
No costs.
Sd/- JUDGE KTY