IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.54 OF 2015 (MV) BETWEEN:
SRI. BETTASWAMY, S/O. LATE HUCHAPPA, AGED ABOUT 27 YEARS, #129-1, HOYSALANAGARA, SUNKADAKATTE, BANGALORE NORTH-577550. ... APPELLANT (BY SRI. A. VIJAYAKUMAR, ADVOCATE FOR SRI. M. RAJASHEKAR, ADVOCATE) AND:
1. MR. LOKESH S.G., S/O. GANGAPPA, AGE MAJOR, SADAHALLY AT & POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. PIN CODE: 562110.
2. MUNIYAPPA S.G., S/O. GANGAPPA, AGE MAJOR, SADAHALLY AT & POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. PIN CODE: 562110.
... RESPONDENTS (BY SRI. VISHWANATHA SABARAD, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2014 PASSED IN MVC NO.475/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, 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 The claimant is in appeal under Section 173(1) of the Motor Vehicles Act, praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under the judgment and award dated 29/01/2014 in M.V.C.No.475/2013 on the file of the XIII Additional Small Cause Judge & Member, MACT, Bangalore.
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental injuries suffered in a road traffic accident. It is stated that on 10-8-2012, when the claimant was riding his motorcycle bearing Reg.No.KA-41-J-5785, a tipper lorry bearing Reg.No.KA-43/3859 being driven by its driver in a rash and negligent manner dashed against the claimant’s motorcycle. Due to which, the claimant fell down and suffered severe injuries all over the body. It is stated that the motorcycle was damaged and for its repair work a sum of Rs.18,000/- was spent. Further it is stated that the claimant was working as a welder and was earning Rs.8,000/- per month as salary. He was an inpatient for eight days and it is also stated that the offending vehicle was not covered with the insurance policy as on the date of accident.
3. On issuance of notice, respondent Nos.1 and 2 appeared before the Tribunal and filed their statement of objections denying the claim petition averments and contended that the tipper lorry was unloading goods and at that time, claimant being the rider of the motorcycle came with high speed in a rash and negligent manner, lost his control over the two wheeler/motorcycle and dashed against the parked tipper lorry. Therefore, the accident had taken place only due to the rash and negligent driving of the claimant himself.
4. The claimant examined himself as PW-1 and got marked 12 documents Exs.P-1 to P-12. No evidence was lead or documents were marked on behalf of the respondents.
5. The Tribunal based on the material placed on record, awarded total global compensation of Rs.32,000/- with interest at the rate of 8% per annum from the date of petition till the realization in its entirety from respondent Nos.1 & 2 jointly and severally. The claimant not being satisfied with the quantum of compensation is before this Court in this appeal, praying for enhancement of compensation.
6. Heard the learned counsel for the appellant and learned counsel for the respondents. Perused the material on record.
7. Learned counsel for the appellant would submit that the global compensation awarded by the Tribunal is on the lower side when compared to the injuries suffered and treatment taken by the claimant. Further he submits that the Tribunal awarded only Rs.2,000/- towards vehicle damages, which is also on the lower side. The claimant was inpatient for eight days and he was out of employment for minimum two months due to the accidental injuries suffered by him. The claimant suffered five injuries whereas one injury is grievous in nature as per wound certificate-Ex.P6. Thus, prays for enhancement of compensation.
8. Per contra, learned counsel for the respondents would submit that the quantum of compensation awarded by the Tribunal is a just compensation, which needs no interference. He further submits that the claimant failed to examine the Doctor who would have been the best person to say about the injuries suffered by the claimant. It is his further submission that the injuries suffered by the claimant are simple in nature, for which the compensation awarded is sufficient. Thus, prays for dismissal of the appeal.
9. Having heard the learned counsels for the parties and on perusal of the material on record, the only point that falls for consideration in the facts and circumstances of the case is as to whether the claimant would be entitled for the enhanced compensation. Answer to the said point is in the affirmative for the following reasons.
10. The accident occurred on 10-8-2012 involving motorcycle bearing Reg.No.KA-41-J-5785, a tipper lorry bearing Reg.No.KA-43/3859 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant’s appeal is for enhancement of compensation. The claimant has placed on record Ex.P6-wound certificate and Ex.P7-Discharge summary. As per Ex.P6-wound certificate, the claimant suffered Bifrontal Pneumocephalus, laceration over dorsum of nose, deglowing wound over nosal, deglowing wound over maxilla, laceration over forehead and cheek and other injuries. He was inpatient at Unity Life-Line Hospital from 10-8-2012 to 17-8-2012 for eight days for the treatment. Hospital expenses has been reimbursed by the Star Health Insurance. Looking into the injuries suffered, the claimant would have been out of employment for minimum two months, whereas he states that he was working as welder and was earning Rs.8,000/- per month. Further looking to the injuries suffered, treatment taken and pain and sufferings undergone by the claimant, I am of the view that the claimant would be entitled for a total global compensation of Rs.60,000/- as against Rs.32,000/- awarded by the Tribunal with interest at the rate of 8% per annum as awarded by the Tribunal. The respondents are jointly and severally held liable to pay the enhanced global compensation.
The judgment and award passed by the Tribunal is modified to the above extent. Accordingly, the appeal is allowed in part.
Sd/- JUDGE SMJ