IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.2371/2019(MV) BETWEEN:
SRI M RAMESH S/O MALLAPPA AGED 40 YEARS OCC: CARPENTER R/O: SURAGIHALLI TQ: SHIKARIPUR DISTRICT SHIVAMOGGA REPRESENTED BY HIS NEXT FRIEND BROTHER SRI B.M.RAVIKUMAR S/O MALLAPPA AGED 47 TEARS R/O JAYANAGAR, 2ND CROSS, SHIVAMOGGA-577203. ..APPELLANT (BY SMT.MANJULADEVI R KAMADALLI, ADVOCATE) AND:
1. SRI VIJAY A GOWDA AGED 42 YEARS P.C.NO.729 C.P.I OFFICE HONNALI -577217 DAVANAGERE DISTRICT (OWNER OF HERO HONDA MOTORCYCLE NO.KA-17-U-583) 2. K.CHANRASHEKHARA S/O BELAKERAPPA AGED 59 YEARS R/O DEVANAIKANAHALLI VILLAGE T.B.CIRCLE HONNALI -577217 DAVANAGERE DISTRICT RIDER OF HERO HONDA MOTORCYCLE BEARING NO.KA-17-U-583 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE 823/7, TILUVALLI COMPLEX I FLOOR, P.B.ROAD, NEAR ARUNA TALKIES DAVANAGERE -577001 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2018 PASSED IN MVC NO.403/2005 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 153 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 22.06.2018 passed in MVC No.403/2005 by the II Additional Senior Civil Judge, AMACT-8, Shivamogga, wherein claim petition came to be allowed in part and compensation of Rs.4,20,580/- with interest at the rate of 6% p.a. from the date of order till its deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It pertains to a road traffic accident dated 02.03.2005 at about 9.30 P.M. when the victim was proceeding on the Hero Honda motorcycle bearing registration No.KA-17-U-583 as a pillion rider from Shivamogga to Honnali and at that point of time respondent No.2 being driver of the motorcycle drove it in a rash and negligent manner and while they were proceeding near the land of Malakkar Parasuramappa on Shivamogga-Honnali Road near Govinakovi dashed against tamarind tree because of which petitioner sustained serious injuries and shifted to Government Hospital and then shifted to Nanjappa Hospital, Shivamogga where petitioner took treatment as inpatient for more than 32 days and incurred expenditure of Rs.90,000/-.
4. In the first instance petitioner was awarded a compensation of Rs.2,34,000/- with interest @ 6% p.a. on 20.10.2008 by the learned Member of the Tribunal. Being aggrieved by the same, petitioner preferred MFA No.1423/2009 and the same came to be remitted to the Tribunal for disposal afresh. Claim petition was disposed of and Tribunal granted compensation of Rs.4,20,580/- against the claim of Rs.17,30,000/-.
5. Insofar as injuries said to have been sustained by the claimant are: 3 lacerated wounds all over the body, 3 abrasions and the CT scan shows head injury with (L) Fronto Temporal Bone with (L) Frontal Lobe Haemorrhagic contusion.
6. PW-1-Doctor has assessed psycho neurological disability at 62.5%. Learned Member has considered disability at 21% to the whole body. Monthly income is considered at Rs.4,500/-. Thus, annual income is taken at Rs.54,000/- and 21% of Rs.54,000/-
=Rs.11,340/- would be resultant factor. Petitioner is stated to be 26 years old and multiplier adopted is `17’. The compensation granted under the head loss of future income is Rs.1,92,780/-.
7. Learned counsel for appellant Smt.Manjuladevi R Kamadalli would submit that the claimant has literally become psychologically disabled and not in a position to work as he is totally disabled.
8. I have observed that the matter is coming up before the Court for the second time earlier MFA No.1423/2009 stated above was disposed of and during the second turn compensation was increased to Rs.4,20,580/-. Now again, appellant has come up before the court for enhancement as compensation is not granted towards loss of amenities and other heads. I do not find there is any under assessment of compensation nor there is any change of circumstance compelling enhancement of compensation. Compensation granted by the Tribunal is fair, just and reasonable. There is no merit to go for further proceedings of the appeal.
Appeal is rejected.
Sd/- JUDGE SBN