IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY M.F.A.No.10993 OF 2012 (MV) BETWEEN:
Sri. Chandru @ Chandrashekar, S/o. Sri. Thammaiah, Age: 38 years, Occ: Mechanic, R/at Rayawara, Kanakuppe Post, Yaburu Hobli, Tumkur Taluk & District. …Appellant (By Smt. Sunitha B.H. for Sri. Suresh M. Latur, Advocate) AND:
1. The Managing Director, K.S.R.T.C., K.H.Road, Shanthinagar, Bangalore-560 027.
2. The Divisional Manager, Oriental Insurance Co. Ltd., D.O.No.2, Dr. Rajkumar Road, Rajajinagar, Bangalore-560010.
…Respondents (By Sri. Rangaswamy & Associates for R-1; Sri. A.N. Krishnaswamy, Advocate for R-2) This MFA is filed under Section 173(1) of Motor Vehicles Act against the Judgment and award dated 12-06-2012 passed in MVC No.1011/2009 on the file of the 12th Additional Small Causes Judge & Member, Motor Accident Claims Tribunal, 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 Though this matter is listed for admission, however, with the consent from both side, the matter is taken up for its final disposal.
2. The present appeal is filed by the claimant under Section 173 (1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the learned XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as ‘The Tribunal’, for short), in its judgment and award dated 12-06-2012 in MVC No.1011/2009.
3. The present appeal is filed by the claimant who is stated to be an injured person in a road traffic accident said to have been occurred on 27-10-2008 involving a KSRTC Bus bearing Registration No.KA- 42/F-088 wherein the claimant is said to have sustained injuries in the nature of fracture of right clavicle bone along with other claims.
4. The Tribunal while allowing the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, awarded a compensation of a sum of `62,000/- to him with interest there upon at the rate of 6% per annum from the date of claim petition till realisation of the entire amount.
Seeking enhancement of the said quantum of compensation, the claimant has preferred this appeal.
5. Learned counsel for the appellant initially contended that the Tribunal has not considered the percentage of disability assessed by the Doctor who also has led his evidence as PW-4 as such, iit has awarded meager compensation.
6. The learned counsel for the respondent – Insurance Company, in his argument submitted that the alleged disability is not a disability at all, since disability percentage is too meager.
7. However, after some deliberations, learned counsel from both side agreed that the compensation awarded by Tribunal be enhanced by a sum of `30,000/- with interest, looking into the facts and circumstances on hand.
8. After going through the evidence led by the claimant before the Tribunal as well as the medical evidence of the Doctor as PW-4 and also the documents produced from the claimant’s side including the medical records, I am of the view that the claimant has sustained fracture of right clavicle bone in the accident and he claims to be working as a mechanic prior to the accident. The nature of injury though has not resulted in a considerable percentage of disability to him, however, confining to the facts and circumstances of the case, I am of the view that the compensation awarded by Tribunal be enhanced by a sum of `30,000/- with interest irrespective of bifurcating it under different heads.
Accordingly, I proceed to pass the following:-
O R D E R The Appeal is allowed in part.
The judgment and award dated 12-06-2012, passed by the learned XII Additional Small Causes Judge and Member, Motor Accidents Claims Tribunal, Bangalore, in M.V.C.No.1011/2009, is hereby modified to the extent that the compensation awarded at `62,000/- is enhanced by a sum of `30,000/-, thus fixing the total compensation at `92,000/- (Rupees Ninety Two Thousand only).
The rest of the order of the Tribunal with respect to fixing the liability upon the respondents and directing the 2nd respondent-Insurance Company to deposit the awarded amount, awarding the interest, its rate, terms regarding release of the amount awarded shall remain unaltered.
Draw modified award accordingly.
Sd/- JUDGE BMV*