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. 2382/2016 (MV) BETWEEN:
Sri. John B.
Son of Late Babu, Now aged about 24 years, R/at No.304, 7th Cross, ‘B’ Block, Janakiram Layout, St. Thomas Town, Lingarajapuram, Bangalore -560 084. ...Appellant (By Sri. D. Manmohan, Advocate) AND:
1. Annadani K, S/o Kenchaiah, Major, Rukmini Service Station, No.12/2B, Nagadevanahalli, Kenchanapura Cross, Outer Ring Road, Kengeri, Bangalore -560 056.
2. National Insurance Co., Ltd., Divisional Office –II, Shri Lakshmi Complex, No.15-17-19, St. Marks Road, Bangalore -560 001.
Represented by its Manager. …Respondents (By Sri. J.C. Kumar, Advocate for R1, Sri. K.S. Lakshminarasappa, for Sri. B.C. Seetharama Rao, Advocate for R2) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicle Act, against the judgment and award dated 09.01.2015 passed in MVC No.7024/2012 on the file of the 8th Additional Small Causes Judge and 33rd ACMM. Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This M.F.A. coming on for admission this day, the court delivered the following:
J U D G M E N T On 05.09.2012 a claim has been made in MVC No. 7024/2012 and after considering the case of both the parties the Tribunal has awarded a compensation of Rs.6,74,700/- against which the claimant preferred this appeal.
2. The grounds for enhancement of compensation is as per the evidence of doctors P.W.-3 who has stated that the injured has suffered grievous injury to Urethra which is a permanent injury. It is the counterfoil of the appellant that the Tribunal has awarded compensation under the head of pain and suffering and also under the head of amenities which are on lower side.
3. Learned counsel for the respondent – Insurance Company sought for dismissal of this appeal.
4. The submission has been examined in the light of the observations made by Tribunal in which it is referred that the injured has taken treatment on three occasions between 05.09.2012 and 22.09.2012, where it has been observed that injured has suffered a grievous injury. He has suffered fracture of pelvic. He further took treatment in Vijaya Lakshmi hospital from 29.09.2012 to 09.10.2012 and he has spent about Rs.7,00,000/- towards medicines and other incidental expenses.
5. He was working as a Field Executive in M/s. Dynamic Solutions and earning a salary of Rs.9,000/- p.m. and P.W.-2 has himself examined as an employer.
6. The nature of the injury as per the Ex.P-11-wound certificate and discharge summary as per Ex-P-12 to P-14 and the evidence of the doctors who have examined the injured have stated that, the injured has suffered a fracture in pelvic which was a very grievous injury in nature.
7. Considering the nature of injury, the Tribunal has awarded a compensation under the head of pain and suffering as Rs.1,00,000/- which appears to be reasonable one. But the compensation awarded under the head of conveyance, nourishment and attendant charges by considering the treatment taken as an inpatient which requires to be enhanced by further Rs.10,000/- and the same is awarded. Rs.30,000/- under the head of loss of income of the claimant during the treatment is awarded.
8. Learned counsel for the appellant submitted that in addition to that he was inpatient and took treatment on 3 occasions and he has taken rest for more than 6 months.
9. Considering the nature of the injury another sum of Rs.20,000/- is awarded towards loss of income during laid up period. Loss of amenities has not been awarded. Hence, a sum of Rs.50,000/- is awarded under the head of loss of amenities. The details of the compensation are as follows:
Medical Expenses Rs.4,04,700/-
Conveyance and nourishment charges Rs. 30,000/-
Disabilities and loss of amenities Rs.1,50,000/- Pain and suffering Rs.1,00,000/-
Future medical expenses Rs. 30,000/-
Loss of income during treatment period Rs. 50,000/-
Total Rs. 7,64,700/-
(-) Rs. 6,74,700/-
Enhanced compensation by Rs. 90,000/-
In all the claimant is entitled for enhancement of compensation of Rs.90,000/- which carries interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE.
BVK/VBS