IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH MISCELLANEOUS FIRST APPEAL NO.2742/2012 (MV) BETWEEN:
SRI M.R. KANTHARAJU, S/O. RAMACHANDRAIAH, AGED ABOUT 26 YEARS, R/AT NO.356, C/O. RAMANNA BUILDING, KOODLU BUS STOP, KOODLU, MADIWALA POST, BANGALORE-560 068 ... APPELLANT (BY SRI PRADEEP NAIK K., ADVOCATE) AND:
1. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO., LTD., PRESTIGE CORNICHE, NO.62/1, 2ND FLOOR, RICHMOND ROAD, BANGALORE-560 026 2. SRI A. WILLIAM, S/O. AASIRVATHAN, AGED MAJOR, R/AT NO.93, PADISAN PURAM LANE, CHENNAI, TAMIL NADU – 600 012 3. SRI A. MUTHUSELVAM, S/O. ARMUGAM, AGED MAJOR, R/AT NO.4/202, NADUHALLY, DHARMAPURI TAMIL NADU ... RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R1;
R2 & R3 – NOTICE DISPENSED WITH V/O. DTD. 11.12.2018) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2011 PASSED IN MVC NO.6937/2009 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, 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:
JUDGMENT This appeal is filed by the claimant questioning the quantum of compensation awarded in MVC No.6937/2009 on 03.10.2011 by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City, (SCCH-10) (for short ‘the Tribunal’).
2. The main contention of the appellant is that the Tribunal awarded global compensation at Rs.50,000/- and not awarded the just and reasonable compensation under different heads. Learned counsel for the appellant contend that the Tribunal while considering the petition did not appreciate the loss of future income due to disability, hence it requires interference by this Court.
3. Learned counsel for the respondent – Insurance Company would contend that the claimant was inpatient for only one day and he has sustained fracture of right zygoma and the Tribunal has rightly awarded global compensation of Rs.50,000/-.
4. Having heard the arguments of both the counsel, the points that arise for consideration of this Court are:
1. Whether the Tribunal committed an error in not granting just and reasonable compensation?
2. What order?
5. The records reveal that the claimant has sustained cut wound injury to right forehead. C.T. scan reveals that lateral wall of right orbit, right maxilla, right zygoma, comminuted fracture and the said injuries are grievous in nature. The injured was treated as inpatient in NIMHANS hospital for one day. Ex.P6 – Wound Certificate issued by NIMHANS hospital discloses that the claimant has sustained cut wound injury to right forehead. The Tribunal having considering Ex.P6 – Wound Certificate observed that the claimant has not got examined the treated Doctor or even any other Doctors to prove the disability. Further, it was observed that though the claimant contended that he has spent Rs.25,000/- towards medical expenses, but the medical bills are produced only to effect of Rs.1,259/-. Having considering the amount spent towards medical expenses and also the nature of injuries sustained the Tribunal awarded global compensation of Rs.50,000/-. However, the C.T. Scan reveals that lateral wall of right orbit, right maxilla, right zygoma, there were comminuted fracture. Hence, in my opinion the compensation awarded by the Tribunal appears to be little meager. As the claimant sustained comminuted fracture and also as per the Wound Certificate the injuries are grievous in nature, the Tribunal ought to have considered comminuted fracture and awarded the compensation at little higher side. In order to assess the exact loss of future earning there is no medical evidence, though he has suffered disability. Hence, it is appropriate to award an additional compensation of Rs.30,000/- to what has been awarded by the Tribunal. Hence, I answer the point No.1 in affirmative.
6. In view of the discussion made above, I pass the following:
ORDER The appeal is allowed in part.
The impugned judgment and award passed by the Tribunal is hereby modified. The claimant is entitled to additional compensation of Rs.30,000/- with interest at 6% per annum from the date of petition till the realization.
Sd/- JUDGE Sbs*