IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 3185/2013 (MV) BETWEEN:
SRI MOHD. JAMAL S/O SRI SHAVOOL HAMEED AGED 33 YEARS, R/AT NO.146 SIDDARTHNAGAR JALAHALLI WEST BENGALURU-560 015 ... APPELLANT (BY SMT. GAYATHRI RAVISHANKAR, ADVOCATE) AND 1. BAJAJ ALLIANZ GEN. INS CO. LTD., NO.31, TBR TOWER, 1ST CROSS MISSION ROAD, ADJ TO JAIN COLLEGE BANGALORE STOCK EXCHANGE J C ROAD, BENGALURU 2.SRI ASHOK KUMAR M NO.223, SIDDARTHNAGAR 4TH BLOCK, 1ST CROSS JALAHALLI WEST BENGALURU-560 013 ... RESPONDENTS (BY SRI H S LINGARAJU, ADVOCATE FOR R-1; R-2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/11/2012 PASSED IN MVC NO.8967/2010 ON THE FILE OF XI ADDITIONAL JUDGE & MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant sustained multiple injuries in an accident that took place on 13.09.2005 at about 3.00 p.m. while he was transporting materials in goods autorickshaw bearing No.KA-04-B-3011 through Bengaluru-Jigani road when the driver of the said autorickshaw drove the same in a rash and negligent manner as a result of which, the vehicle toppled upside down and the appellant fell down. The appellant was working as a cleaner and was earning Rs.6,000/- per month. He was aged 26 years at the time of accident.
3. The Tribunal, having regard to the nature of injuries sustained by the appellant and considering the evidence on record, awarded total compensation of Rs.1,88,600/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal towards pain and suffering, loss of amenities and loss of future income, the appellant has filed this appeal.
4. I have heard learned counsel for the parties and have gone through the papers made available.
5. The wound certificate discloses that the appellant sustained left zygomatic complex fracture and fracture of right angle mandible. He was treated as an inpatient for 9 days in M.S.Ramaiah hospital. The nature of injuries sustained by the appellant makes out that he must have suffered considerable pain and agony which will also have an impact on his life style and future earnings. In the circumstances, if another sum of Rs.1,00,000/- is awarded globally in addition to what has been awarded by the Tribunal, it would meet the ends of justice.
6. Accordingly, this appeal is allowed in part to the extent indicated above.
It is made clear that the enhanced compensation shall not carry any interest.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv