IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.945 OF 2018 (MV) BETWEEN:
SRI.BINCE K.JOSE S/O JOSE LUKOSE AGED ABOUT 22 YEARS, RESIDING AT NO.50, 3RD FLOOR, SOMESHWARA LAYOUT, OPP. TO SAMBRAM COLLEGE CHIKKABETTAHALLI BENGALURU - 560 008 ALSO KOTTACKATTU VEEDU KOTTA VATTAM – 629 703 ... APPELLANT (BY SRI.GURUDEV PRASAD K T, ADV.) AND:
1. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., KSCMF BUILDING, 3RD FLOOR 8TH BLOCK, CUNNIGHAM ROAD, BENGALURU - 560 052 BY ITS MANAGER 2. HULAGAPPA S/O PRABHU R/AT NO.73, RMV 2ND STAGE, STERLING APTMS DEVINAGAR LAYOUT LOTTEGOLLAHALLI BENGALURU - 560 092 ... RESPONDENTS (BY SRI. E I SANMATHI, ADV. FOR R1;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:09.10.2017 PASSED IN MVC NO.6168/2016 ON THE FILE OF XIX ADDITIONAL SMALL CAUSES JUDGE AND M.A.C.T., AT BENGALURU (SCCH-17) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Notice to R2 dispensed with. Submission accepted. For the injuries suffered in the road traffic accident that took place on 07th August 2016, the petitioner preferred claim petition before the Motor Accident Claims Tribunal, Bangalore and the Tribunal, by its judgment and award dated 09th October 2017 passed in MVC No.6168 of 2016 awarded compensation of Rs.4,81,984/- with interest at 7.5% per annum. Being not satisfied with the compensation, this appeal is preferred.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal is very meagre. He submits that the appellant has suffered left closed mid shaft oblique fracture of tibia and proximal 1/3rd of fibula fracture; and fat embolism. The appellant has underwent closed reduction internal fixation with intramedullary interlocking nail of tibia. The appellant was an inpatient for twelve days. He further submits that though the appellant has submitted that he has spend more than Rs.3,00,000/- towards medical bill the Tribunal has awarded only Rs.1,99,184/-. He also submits that the compensation under other heads are also on the lower side and hence seeks enhancement in the compensation.
3. Per contra, the learned counsel for the respondent- insurer submits that the tribunal, after considering the oral and documentary evidence placed before it, has awarded just and proper compensation and the same does not call for interference in this appeal. Hence, he prays for dismissal of the appeal.
4. Heard the learned counsel for the both the parties and gone through the judgment and award passed by the Tribunal. The Tribunal has awarded compensation of Rs.4,81,984/- with interest at 7.5% per annum. Be that as it may, considering the pain and agony the boy has undergone and the trauma suffered, I am inclined to award another Rs.10,000/- under the head pain and suffering. As the appellant was an engineering student at and the parents had to take care of him during the treatment period considering that the appellant might have taken bed rest for a period of three months, and the parents might have taken leave during that period, Rs.24,000/- is awarded for loss of earning to the parents. As the appellant was an inpatient for a period of ten days i.e. from 08.08.2016 till 19.08.2016, I am inclined to award another sum of Rs.15,000/- towards conveyance, nourishment and attendant charges. Considering the disability of the appellant, I am inclined to award another Rs.20,000/- towards loss of amenities. In total, the enhanced compensation would be Rs.69,000/-. The same shall carry interest at the rate or 6% per annum from the date of petition till the date of realisation. Appeal is accordingly allowed in part.
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ACTING CHIEF JUSTICE lnn