IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR M.F.A.NO.9292 OF 2018(MV) BETWEEN SRI.LOKESH S/O GURAPPA AGED ABOUT 27 YEARS LORRY CLEANER R/O HIREBENNUR VILLAGE CHITRADURGA TALUK – 577 501.
(BY SRI. SPOORTHY HEGDE.N, ADVOCATE) AND …APPELLANT 1. SRI RAMA GENERAL INSURANCE CO.LTD., E-8, EPIR, RIICO, INDUSTRIAL AREA SITAPUR, JAIPUR, RAJASTAN STATE – 302 001.
2. SRI SYED BASHA S/O SYED MAQBOOL MAJOR OWNER OF THE LORRY BEARING REG NO. KA-156/A-6227 R/O 1ST MAIN, 4TH CROSS AZAD NAGAR, CHITRADURGA – 577 501.
…RESPONDENTS (BY SRI. B.PRADEEP.ADVOCATE FOR R-1 R-2 NOTICE D/W.) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.02.2018, PASSED IN MVC NO. 629/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal has been filed by the claimant challenging the impugned judgment and award dated 16.02.2018 passed by the learned Principal Senior Civil Judge & CJM, Chitradurga in M.V.C.No.629/2017, awarding a sum of Rs.57,000/- together with interest at 9% p.a., from the date of petition till date of deposit towards the injuries sustained by the claimant-appellant in a road traffic accident that occurred on 18.11.2010.
2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal.
3. Both the counsels submit that the occurrence of accident as well as the coverage of the policy of the offending vehicle by the Insurance company are not in dispute and this appeal is restricted to quantum of compensation awarded by the Tribunal.
4. The learned counsel for the appellant submits the compensation awarded under the heads ‘pain and suffering’, ‘medical expenses’, ‘conveyance, attendant and nourishment’ and ‘loss of amenities’ are on the lower side and the same require enhancement.
5. The learned counsel for the respondent-Insurance company would support the impugned judgment and award passed by the Tribunal.
6. I have given my careful consideration to the rival submissions and perused the material on record.
7. As length contended by the learned counsel for the appellant, the amounts awarded under the heads ‘pain and suffering’, ‘medical expenses’, ‘conveyance, attendant and nourishment’ and ‘loss of amenities’ are on the lower side and the same require enhancement. Insofar as compensation awarded towards ‘pain and suffering’ is concerned, considering the nature of the injuries sustained by the appellant-claimant, I deem it proper to award an additional sum of Rs.20,000/- under this head. Further, the appellant is also entitled to additional compensation of Rs.5,000/- towards ‘medical expenses. So also, the appellant is entitled to additional compensation of Rs.10,000/- under the head ‘conveyance, attendant and nourishment’ and a sum of Rs.10,000/- under the head ‘loss of amenities’.
8. Thus, in all, the appellant is entitled to an additional enhanced compensation of Rs.45,000/- under the following heads:-
1 Pain and suffering Rs.20,000/-
2 Medical expenses Rs.5,000/-
3 Conveyance, attendant and nourishment Rs.10,000/-
4 Loss of amenities Rs.10,000/-
Total Rs.45,000/-
9. In view of the aforesaid discussion, I pass the following order:-
(i) The appeal is partly allowed.
(ii) The impugned judgment and award dated 16.02.2018 passed by the learned Principal Senior Civil Judge & CJM, Chitradurga in M.V.C.No.629/2017 is hereby modified.
(iii) The appellant-claimant is entitled to additional enhanced compensation of Rs.45,000/- which shall carry interest at 6% p.a. from the date of claim petition till the date of deposit.
(iv) The apportionment and disbursement to be done as per the impugned judgment and award passed by the Tribunal.
Sri.B.Pradeep, learned counsel appearing for Respondent No.1 is permitted to file vakalath within six weeks from today.
bnv Sd/- JUDGE