IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.5974/2015 (MV-I) BETWEEN:
SRI JAYAPPA P M S/O MANACHAR AGED ABOUT 56 YEARS, OCCUPATION:CARPENTER NEELANAHALLI, HARIHAR TALUK & DISTRICT NOW R/O, AMARAVATI COLONY, 1ST MAIN, 2ND CROSS, HARIHAR HARIHARA TALUK DAVANAGERE DISTRICT PIN – 577 601 (BY SRI.PRAKASHA H C, ADV.) AND:
1. SRI MANJAPPA S/O MAHADEVAPPA HANGARKI AGED ABOUT 33 YEARS, DRIVER OF KSRTC BUS BEARING REG NO.KA-42-F-1316 HUBLI DEPOT, HUBLI R/O, BYAHATTI VILLAGE HUBLI TALUK DHARWAR DISTRICT – 577 801 2. THE DIVISIONAL CONTROLLER NWKSRTC HUBLI DIVISION ... APPELLANT HUBLI – 577 801 3. THE MANAGING DIRECTOR KSRTC, SARIGE BHAVANA K.H.ROAD BANGALORE – 560 054 4. THE CHAIRMAN KARNATAKA STATE ROAD TRANSPORT CORPORATION INTERNAL INSURANCE CONSOLIDATED FUND SARIGE BHAVAN, K.H.ROAD BANGALORE – 560 051 ... RESPONDENTS (BY SRI.K NAGARAJA, ADV. FOR R2, NOTICE TO R1, R3 AND R4 ARE DISPENSED WITH VIDE C/O DATED 16.12.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2015 PASSED IN MVC NO.193/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Appellant met with road traffic accident on 15th July 2013 while he was traveling in Karnataka State Road Transport Corporation Bus and as a result of the accident he suffered fracture of right tibia and fibula, fracture of right ulna, abrasions over left knee and blunt injury on chest. He was inpatient for about 12 days and spent huge amount on medical expenses. The learned counsel appearing for the appellant submits that the Tribunal has awarded a meager compensation of Rs.5,000/- under the head pain and suffering which is on the lower side. He further submits that the compensation awarded under other heads is also meager and seeks enhancement.
3. The learned counsel appearing for the respondent- Insurance Company submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. As per the medical report, injured has fracture of right tibia and fibula and also fracture of right ulna and other minor injuries. The compensation at Rs.5,000/- awarded by the Tribunal under the head pain and suffering compared to the injuries suffered by the claimant is on the lower side. Accordingly, another Rs.35,000/- is awarded under the head pain and suffering. Towards transportation, nourishment food and attendant charges another Rs.5,000/- is awarded. Loss of income during the laid up period is awarded at Rs.10,000/- including the compensation awarded by the Tribunal. The Tribunal has not awarded any amount under the head loss of amenities.
Considering the agony underwent by the claimant, I am inclined to award Rs.15,000/- under the said head. The compensation awarded by the Tribunal under other heads remain unaltered. In the result, the compensation is enhanced by Rs.62,000/- i.e. to Rs.96,200/- as against Rs.34,200/- awarded by the Tribunal.
Order of the Tribunal stands modified. Appeal is accordingly allowed in part.
lnn Sd/- JUDGE