IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.559/2015 (MV) BETWEEN:
SRI MURUGESH S/O MURTHY AGED ABOUT 37 YEARS R/O MANJUNATHA LAYOUT PURALE POST, SHIMOGA TALUK SHIMOGA DISTRICT.
(BY SMT. N PAVITHRA, ADV. FOR SRI. A. NAGARAJAPPA, ADV.) AND:
1. SRI MANJU M @ MANJUNATHA S/O MANIKYAM AGED ABOUT 29 YEARS R/O MANJUNATHA LAYOUT PURALE POST, SHIMOGA TALUK SHIMOGA DISTRICT-577201.
2. THE NATIONAL INSURANCE CO. LTD., 2ND FLOOR, J.P. 1ST FLOOR S.S. COMPLEX ABOVE HARSHA B.H. ROAD, SHIVAMOGGA PIN-577201.
...APPELLANT …RESPONDENTS (BY SMT. H.R.RENUKA, ADV. FOR R2 R1- NOTICE D/W V/O DT:05/02/2015) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC NO.518/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, ADDITIONAL MACT-3, SHIVAMOGGA, 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 This is claimant’s appeal seeking enhancement of compensation not being satisfied with the quantum of compensation awarded under the judgment and award dated 16.08.2014 passed in MVC No.518/2012 on the file of Fast Track and Additional MACT-III at Shivamogga.
2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries suffered in a Road Traffic Accident. It is stated that on 11.12.2011 when the claimant was proceeding as pillion rider on Motor Cycle T.V.S. Victor bearing Reg.No.KA-14-V-8418 near Adhichunchanagiri Garden Opposite to Ammunje Rice Mill Parale, the rider rode the vehicle in high speed, rash, negligent manner and dashed to the road side street light pole. Due to the impact the claimant fell down and suffered grievous injuries i.e., fracture of tibia of right leg and other parts of the body. Immediately the claimant was taken to Mc. Gann. Hospital at Shivamogga, and he took treatment as inpatient for nearly 20 days. The claimant was earning more than Rs.6,000/- per month by working as coolie i.e., he was earning Rs.350/- to Rs.400/- per day.
3. On issuance of summons, the respondents appeared before the Tribunal and filed their written statement, denying the claim petition averments. Respondent No.1 stated that he was having valid and effective driving licence to ride the two wheeler as on the date of accident and stated that the vehicle is insured with the 2nd respondent. The 2nd respondent in its objection apart from denying the claim petition averments stated that the claimant was not a pillion rider in the Motor Cycle T.V.S. Victor bearing Reg.No.KA-14-V-8418. It is further pleaded that the accident occurred due to negligence of the rider of the motorbike.
4. The claimant examined himself as PW.1 and got marked the documents Exs.P.1 to P.15. The respondents examined RW.1 and RW.2 apart from marking the documents Exs.R.1 to R3. The Tribunal on appreciating the material on record awarded total compensation of Rs.84,000/- with interest at 6% p.a. from the date of petition till the date of realization on
d. Loss of earning during treatment period 15,000/-
e. Loss of amenities 30,000/-
Total Rs.84,000/-
Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant is before this Court in this appeal.
5. Heard the learned counsel for the appellant and learned counsel for the 2nd respondent - Insurer. Perused the entire material on record.
6. The learned counsel for the appellant would submit that the quantum of compensation awarded by the Tribunal is on the lower side and prays for enhancement of compensation. It is her submission that the claimant has sustained fracture of Tibia of right leg and he took treatment as inpatient for 20 days. He has also undergone operation with implants. Looking to the injuries sustained and treatment taken as inpatient the compensation awarded by the Tribunal on the head of conveyance, attendant charges, medical expenses and loss of amenities are on the lower side. The claimant has placed on record Exs.P8 and P9 – the Discharge summaries to establish he was inpatient for nearly 20 days. The Tribunal failed to take note of the same and to award compensation on the head of medical expenses.
7. Per contra, the learned counsel for the 2nd respondent – Insurance Company would submit that the compensation awarded by the Tribunal is just compensation, which requires no interference. It is further submitted that the claimant has failed to examine the Doctor in support his case. In the absence of Doctor’s evidence and the material to establish the medical expenses, the Tribunal is justified in awarding compensation of Rs.2,000/- on the head of medical expenses. Thus he prays for dismissal of the appeal.
8. Having heard the learned counsels for the parties and on perusal of the material on record, the only point that arises for consideration is as to “Whether the claimant would be entitled for enhancement of compensation in the facts and circumstances of the case ?” Answer to the said point would be partly in the affirmative for the following reasons :
The occurrence of the accident on 11.12.2011 involving Motorcycle T.V.S. Victor bearing Reg.No.KA- 14-V-8418 and the accidental injuries suffered by the claimant are not in dispute in this appeal. The claimant’s appeal is for enhancement of compensation. The claimant sustained fracture of tibia of right leg. Claimant has placed on record Ex-P6 – the wound certificate, Exs.P8 and P9 – the discharge summaries to establish the injuries sustained and treatment taken by him as inpatient for nearly 20 days. The Tribunal committed an error in awarding only Rs.2,000/- on the head of medical expenses. The Tribunal was of the view that Exs.P7 and P12 would not depict clear picture and awarded only Rs.2,000/- towards medical expenses. Looking to the injuries sustained by the claimant and the medical treatment taken as inpatient for nearly 20 days, and as the claimant has undergone operation he would have definitely incurred medical expenses, thus I am of the view, that the claimant would be entitled for Rs.20,000/- on the head ‘Medical Expenses’. It is clear from Exs.P8 and P9 – Discharge Summaries that the claimant was inpatient for 20 days. Looking to the nature of treatment taken, I am of the view, that the claimant would be entitled for a sum of Rs.20,000/- on the head ‘conveyance, attendant charges and nutrition’. The claimant suffered fracture of tibia of right leg.
Ex.P6 – wound certificate would indicate that the injuries sustained by the claimant. The claimant would be entitled for another sum of Rs.10,000/- towards ‘Loss of amenities’ in addition to Rs.30,000/- on the said head. Thus the claimant would be entitled for the following enhanced compensation:-
9. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified and the claimant is entitled to enhanced compensation in a sum of Rs.1,25,000/- as against Rs.84,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms