IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.2520/2014 (MV) BETWEEN SRI BASAVARAJA S/O MALLIKARJUNA, AGED ABOUT 21 YEARS, RESIDING AT BYLAHAL VILLAGE, CHITRADURGA TALUK & DISTRICT-577501.
... APPELLANT (BY HARISH N.R., ADVOCATE) AND MAHARUDRAPPA MADHALLI S/O BASAVANNEPPA, AGED ABOUT 55 YEARS, OWNER OF CARD BEARING NO.KA-25/C-8623, RESIDING AT VIDYANAGAR, BANASHANKARI EXTENSION, HUBLI, DHARWAD DISTRICT-580001.
... RESPONDENT (BY SRI B. RAVINDRA PRASAD FOR SRI HEMANTH CHANDANAGOUDAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.09.2013 PASSED IN MVC NO.136/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel for both the parties.
2. The appellant is the claimant in MVC No.136/2013. This appeal is preferred seeking enhancement of compensation awarded by the Tribunal, wherein a sum of Rs.1,25,000/- was awarded as total compensation for the injuries sustained by the appellant in the road traffic accident.
3. I have heard the learned counsel for the appellant and the learned counsel appearing for the respondent.
4. It is the case of the appellant that on 09.06.2012 at about 8.45 p.m., when he was traveling in a car along with the other passengers, the driver of another Car bearing registration No.KA-25/C-8623, drove the said Car in a rash negligent manner and dashed against their Car from its backside, as a result of which all the inmates sustained injuries and they were shifted to SSIMS Hospital, Davanagere. It is the further case of the appellant that he was an inpatient in the hospital from 09.06.2012 to 11.07.2012 and he sustained head injury with the diffuse axonal injury and therefore the total compensation awarded by the Tribunal is on the lower side. Accordingly, he seeks to enhance the compensation awarded by the Tribunal.
5. On the other hand the learned counsel for the respondent would contend that what has been awarded by the Tribunal is just and reasonable and no enhancement is called for. Accordingly, he seeks for dismissal of the appeal.
6. The accident in question and the liability of the respondent/owner of the offending vehicle to pay compensation to the injured/appellant is not disputed as there was no Insurance Policy to the vehicle in question.
7. It is the case of the claimant that he took treatment as an inpatient from 09.06.2012 to 11.07.2012 at SSIMS Hospital, Davanagere and he had sustained closed head injury with diffuse axonal injury. Ex.P8 is the Wound Certificate. As rightly observed by the Tribunal there is no fracture and there is no permanent disability suffered by the claimant. However, taking into consideration that the appellant was in the hospital for about 33 days and also considering that no compensation has been awarded for loss of amenities, I am of the view that a sum of Rs.10,000/- may be awarded for loss of income during laid up period and loss of amenities. It is also borne out from the record that the appellant had spent a sum of Rs.1,05,689/- towards Medical Expenses. Though the Tribunal has taken into consideration the Medical Bills which are marked at Exs.P9 to P84 amounting to Rs.1,05,689/-, the same was rounded off to Rs.1,00,000/-, which is not proper. Hence, the appellant is also entitled for the balance amount i.e. Rs.5,689/-. In all, the appellant is entitled for an additional compensation of Rs.15,689/-. Accordingly, I pass the following:
ORDER (i) The appeal is partly allowed.
(ii) The judgment and award dated 11.09.2013 passed in MVC No.136/2013 on the file of the Court of the II Addl. Senior Civil Judge and Addl. MACT-VI Chitradurga is hereby modified.
(iii) The appellant shall be entitled for an additional sum of Rs.15,689/- in addition to what has been awarded by the Tribunal, with 6% interest per annum from the date of petition till its deposit.
SBS* Sd/- JUDGE