IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.102/2019(MV) BETWEEN:
SRI CHANNA KESHAVA REDDY @ KESHAVA REDDY S/O K CHANNAREDDY AGED ABOUT 38 YEARS R/AT No.133, AMBILIKALA MULBAGAL TALUK KOLAR DISTRICT PIN-563 132. ..APPELLANT (BY SRI R V SHIVANANDA REDDY, ADVOCATE) AND:
1 . KRUPAKARAN J S/O JAYA KUMAR R/AT No.2/5, ARTILLERY ROAD ULSOOR, BANGALORE-560 008.
2 . THE MANAGER UNITED INSURANCE CO. LTD., REGIONAL OFFICE 5TH AND 6TH FLOOR KRISHI BHAVAN NRUPATHUNGA ROAD BANGALORE-560 001. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.06.2018, PASSED IN MVC No.7938/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 76 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 11.06.2018 passed in MVC No.7938/2016 by the XXI Additional Small Causes Judge and XIX ACMM, MACT, Bengaluru, wherein claim petition came to be allowed in part and compensation of Rs.3,47,001/- with interest at the rate of 6% p.a. from the date of petition till the deposit came to be granted to the petitioner.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Proceedings came to be initiated before the Tribunal. It is stated that on 07.09.2016 at about 3.30 P.M. near Narashimhathirtha on NH-75 Road, Mulbagal Taluk, Kolar District, the driver of the Toyota Etios bearing registration No.KA-03-AB-3161 came rashly and negligently from Bangalore side and dashed against two wheeler of the petitioner bearing registration No.KA-07-X-8818. As a result of which, petitioner has fell down and sustained injuries.
4. Learned Member allowed the claim petition in part and granted compensation of Rs.3,47,001/- with interest at the rate of 6% p.a.
5. The injuries suffered by the claimant are:
Laceration over middle 1/3 right leg approximately measuring 1x5 cms along with fracture of tibia and fibula.
Lacerated wound of 5x3 cms approximately extending from sole to the lateral border of right foot along with heavy contamination.
08.03.2016 he has undergone closed reduction and internal fixation of tibia by inter locking nail and the right heel wound was debrided and sutured.
6. Petitioner is stated to be suffering from physical permanent disability to the extent of 55% to his lower limb. Learned Member has considered disability at 15% to the whole body. The compensation granted is as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings including mental agony Rs. 40,000/-
2. Loss of his future earnings Rs.2,16,000/-
3. Medical Expenses Rs. 51,001/-
4. Conveyance, nourishment and nutritious food Rs. 25,000/-
5. Loss of amenities of life Rs. 15,000/- Total Rs.3,47,001/-
7. Learned counsel for claimant-appellant would submit that petitioner is an agriculturist and there has been serious impact on the life of the appellant because of injuries suffered in the accident.
8. Considering the injuries with reference to their impact, nature of the avocation, I find the compensation granted is fair and just though 15% is taken as total disability. Learned Member has granted Rs.40,000/- for pain and suffering, Rs.25,000/- for conveyance, nourishment and nutritious food, Rs.51,001/- for medical expenses and Rs.15,000/- for loss of amenities of life. I find on considering the same as global compensation there is no necessity of proceeding further in the appeal. Appeal deserves to be rejected, accordingly it is rejected.
Sd/- JUDGE SBN