IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No.5819/2013 (MV) BETWEEN:
SRI. G. DEVARAJ S/O LATE. GURUBASAVAIAH AGED ABOUT 47 YEARS R/AT. C/O RAMANNA’S HOUSE NO.2223, 2ND CROSS MANJUNATHNAGAR KUVEMPUNAGAR, CHANNAPATNA TOWN.
... APPELLANT (BY SRI.RAMACHANDRA R.NAIK, ADV.) AND 1. SRI. SRINIVASA V. S/O. VENKATACHALIAH R/AT. NO.51, E STREET NEW GUDDADHAHALLI, MYSORE ROAD BANGALORE-560 026.
2. UNITED INDIA INSURACE CO. LTD., NO.143/144, CKN CHAMBERS 1ST MAIN, SHESHADRIPURAM BANGALROE-560 020 BY ITS GENERAL MANAGER ... RESPONDENTS (BY SRI. RAVISH BENNI, ADV. FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.04.2013 PASSED IN MVC NO.8092/2011 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE, Court OF SMALL CAUSES, MEMBER MACT, 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 This appeal is filed by the appellant challenging the judgment and award dated 8th April 2013 passed by the Motor Accident Claims Tribunal, Court of the Small Causes, Bangalore in MVC 8092/2011.
2. Brief facts of the case:
On 5.2.2011 at about 11.30 p.m. when the claimant along with others were going to a Temple at Chikkalur in Tata Sumo bearing Registration No.KA-
41-5818, at that time, near Roottikatte, Malavalli, Kollegala Main Road, the driver of the said Tata Sumo drove the same in a rash and negligent manner and caused accident. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1. On the other hand, the Insurance Company neither examined any witness nor produced any documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.1,80,000/- with interest at 6% p.a. Being aggrieved by the same, the present appeal is filed.
3. The learned counsel for the claimant has raised the following contentions:
Firstly, the claimant has sustained grievous injuries and was treated as inpatient for a period of six days. But, the Tribunal has granted a meager compensation Rs.30,000/- under the head "pain and sufferings".
Secondly, the claimant has spent a sum of Rs.90,000/- towards “medical, conveyance and nourishment expenses”. But the Tribunal has awarded only Rs.80,000/- under the said head.
Thirdly, even though the claimant has stated that he is suffering from frequent pain in the right spine, the Tribunal is not justified in granting a meager compensation of Rs.10,000/- under the head of "loss of amenities".
With this, the learned counsel for the claimant prays for allowing the appeal.
4. Per contra, the learned counsel for the Insurance Company has stated that even though the injuries are grievous in nature, the fractures are united. The claimant has not examined the doctor.
Therefore, the Tribunal has granted just and reasonable compensation. Therefore, he prays for dismissal of the appeal.
5. Heard the learned counsel for the parties.
Perused the records.
6. It is not in dispute that the claimant had sustained injuries in a road traffic accident occurred on 5.2.2011 due to rash and negligent manner driving of the Tata Sumo bearing Registration No.KA-41-5818 by its driver.
7. As per the wound certificate, the claimant has sustained grievous injuries and he has underwent surgery. Considering the nature of injuries, the Tribunal is not justified in granting compensation of Rs.30,000/- in the category of "pain and sufferings", which is on the lower side. Hence, the same is enhanced to Rs.40,000/-.
8. The claimant was treated as inpatient from 6.2.2011 to 9.2.2011 and 23.2.2011 to 25.2.2011.
The claimant has produced medical bills to the tune of Rs.59,773/- and Rs.2,984/-. Under the category of “medical, conveyance and nourishment expenses”, the Tribunal has granted a compensation of Rs.80,000/-. Considering the medical bills produced and duration of treatment, a sum of Rs.90,000/- is awarded under this head.
9. Considering the nature of injuries and an amount of discomfort and unhappiness, the claimant has to undergo in his life, this Court enhances the compensation from Rs.10,000/- to Rs.20,000/- under the category of "loss of amenities".
10. The compensation awarded by the Tribunal under other heads remains undisturbed.
11. For the reasons stated above, this appeal is partly allowed. The judgment and award of the Tribunal stands modified. The claimant is entitled to an additional compensation of Rs.30,000/- with interest @ 6% per annum, from the date of filing of the claim petition till the date of realization.
12. The Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 6% per annum, from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.
Sd/- JUDGE DM