IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.105/2019(MV) BETWEEN:
SRI CHIKKARAJU S/O MARIYAPPA AGED ABOUT 39 YEARS, R/AT KEREMEGALADODDI VILLAGE KASABA HOBLI, CHANNAPATNA TOWN RAMANAGARA DISTRICT ..APPELLANT (BY SRI RAJU S., ADVOCATE) AND:
1 . M/s.VIKAS ENTERPRISES NO.521, RANKAPARK APARTMENT R/AT NO.1152, KAMALA NIVAS 2ND FLOOR, LALBAGH ROAD SHANTHINAGAR BANGALORE-560027 2 . S.B.I. GENERAL INSURANCE CO. LTD., 1ST AND GROUND FLOOR RUKMINI TOWERS, 3.1 PLATFORM ROAD RAILWAY APPROACH ROAD SHESHADRIPURAM BANGALORE-560020 REPRESENTED BY ITS BRANCH MANAGER ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE INDIAN MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2018 IN MVC NO.116/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, CHANNAPATTANA, RAMANAGARA, 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 appeal is listed for admission, in the circumstances of the case it is taken up for final disposal.
Appeal is directed against the Judgment and award dated 28.11.2018 passed in MVC No.116/2016 by the Senior Civil Judge and JMFC, AMACT, Channapattana, wherein claim petition filed by the petitioner-injured in the accident dated 17.09.2015 came to be allowed in part and an amount of Rs.5,62,360/- with interest at the rate of 6% p.a. from the date of petition till the date of deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The incident that gave raise to filing of claim petition is that on 17.09.2015 at 2.45 a.m. when the petitioner was going in his bullock cart loaded with vegetables to sell the same in the market and when he reached a place near Kudineeru Katte of B.M.Road, Channapattana town, a lorry bearing registration No.KA-01-AA-7951 was driven in a rash and negligent manner and dashed against the petitioner’s bullock cart because of which petitioner sustained grievous injuries and had to take medical treatment and incurred expenditure. He has also pleaded that he is aged 36 years and was an agriculturist, besides he was also lending bullock cart for rent and his monthly income was Rs.20,000/-.
4. Respondent No.2-insurance company appeared through their counsel and filed its objection.
5. Injuries sustained by the petitioner are:
Abrasion and swelling on left side face, abrasion and swelling over the left hand, swelling sc abrasion over the right foot which are simple in nature and deformity and left leg with 20x15x2cm wound which is grievous in nature resulting in type III B fracture shaft left femur with Hypovolemic shock.
6. Learned Member after considering the oral evidence of PW-1 and PW-2 and documentary evidence of Exhibits P-1 to P-14 granted compensation as under:
7. Learned counsel for appellant submits that learned Member has considered the monthly income at Rs.6,000/- as against pleaded income of Rs.20,000/-. Further the compensation on overall heads is considered at very low rate.
8. It is seen that the disability assessed and quoted by the doctor is 24.37% and Tribunal has considered the same at 18%. Learned Member has mentioned that disability mentioned by the doctor is vague and excessive. In this connection the observation by learned Member is believable for very reason that the doctor do not say what is the functional disability and his assessment does not appear to be that correct and assessment of the learned Member is quite reasonable. Further the agricultural operation and income from lending bullock cart on rent is not going to stop because of the injuries sustained by the petitioner. It is seen that the loss of earning is granted at Rs.30,000/- and again loss of future earning is considered at Rs.2,07,360/- and medical and incidental charges is Rs.1,15,000/-. Future Medical expenses Rs.50,000/-.
9. On analysis of the nature of injuries, it establishes that the learned Member has reasonably assessed the compensation in a just and equitable manner and it is obvious that none of the heads is under assessed. Compensation granted is just, reasonable and fair. The right to prefer claim petition cannot be mistook to be searching fortune out of misfortune. I do not find appeal is filed for good reasons. It is liable to be rejected at this stage itself as further proceedings are totally not necessary.
Appeal is rejected.
Sd/- JUDGE SBN