IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.3170 OF 2016 (MV) BETWEEN:
SRI.NANDISH S/O THIMMARAYAGOWDA AGED ABOUT 29 YEARS, R/AT NO.2149, H BLOCK HOSAHALLI, BDA LAYOUT, BYPPANAHALLI, KANAKAPURA MAIN ROAD BANGALORE - 78 ALSO AT:
R/AT DODDAKEBBENHAALI VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK RAMANAGAR DISTRICT - 562 119 ... APPELLANT (BY SRI.A.S.GIRISH, ADV.) AND:
1. M/S.AISWARYA INFRASTRUCTURE AND DEVELOPERS, AHUJA CHAMBERS FLAT NO.204, 2ND FLOOR, NO.1, KUMARA KRUPA ROAD, BANGALORE - 560 003 BY ITS MANAGER (OWNER OF SUZUKI ACCESS BEARING NO.KA-02-HW-2944) 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD. "SRISHANTHI TOWERS" 5TH FLOOR, 3RD MAIN, NO.141, EAST OF NGEF LAYOUT, KASTURINAGAR BANGALORE EAST-560 036 BY ITS MANAGER (OWNER OF SUZUKI ACCESS BEARING NO.KA-02-HW-2944) ... RESPONDENTS (BY SRI.K.VIJAY KUMAR, ADV. FOR R1; SRI.B.PRADEEP, ADV. FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2016 PASSED IN MVC NO.4219/2014 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T On 17th August 2014 when the appellant was riding his motor cycle bearing Registration No.KA 05 JE 5089 wherein the offending vehicle bearing Registration No.KA 02 HW 2944 caused accident, and the appellant suffered accidental injuries for which he made claim petition before the Motor Accident Claims Tribunal at Bangalore. By Tribunal, by its judgment and award dated 06th January 2016 passed in MVC No.4219 of 2014 awarded compensation of Rs.4,95,000/- with interest at 9% per annum. Being not satisfied with the compensation amount awarded, the appellant is before this court in this appeal seeking enhancement.
2. The learned counsel appearing for the appellant submits that though the appellant has produced medical bills for Rs.2,04,770/- Tribunal has committed an error in awarding only Rs.1,77,800/-. He further submits that though the appellant has claimed that he was earning Rs.15,000/- per month, the Tribunal has disbelieved and has taken the income at Rs.7,000/- per month which is on the lower side. He also submits that the Tribunal has committed an error in taking the disability at 15% when the Doctor has deposed that the appellant has suffered 40% mental congnitive disability. Hence, he submits that the compensation awarded by the Tribunal is on the lower side and prays for enhancement.
3. Per contra, the learned counsel appearing for the respondent-Insurer supports the award and submits that the Tribunal, after considering the material documents and evidence has awarded the just compensation and there is no scope for interference in this appeal. Hence, he submits to dismiss the appeal.
4. Heard the learned counsel for the parties and perused the judgment. In the accident the appellant has suffered left fronto temporal parietal EDH, bifrontal thin SDH, traumatic SAH and fracture of left temporal bone for which he had undertone front temporo parietal craniotomy evacuation of EDH. The Doctor has opined that the appellant has 40% mental congitive disability and the Tribunal has taken it at 15%. I find there is some force in the submission of the learned counsel for the appellant. Considering the fact that the Doctor has deposited that the appellant has suffered 40% mental cognitive disability and also taking note of the age of the appellant, I deem it proper to take the disability at 20%. Though in the claim petition it has been claimed that the appellant was earning Rs.15,000/- per month but the Tribunal has assessed the same at Rs.7,000/- per month. Considering the age of the appellant and the year of accident, I am inclined to take the income of the appellant at Rs.8,500/- per month. Accordingly, the calculation comes to Rs.8,500/- x 12 x 17 x 20% which comes to Rs.3,46,800/- the same is awarded in lieu of Rs.2,14,200/- awarded by the Tribunal under the head disability. Towards the loss of income during the laid up period, the amount of Rs.34,000/- is awarded including the amount awarded by the Tribunal. Considering the age and also the fact that the appellant has to undergo mental agony for the life time, I am inclined to award Rs.60,000/- under the head pain and suffering which includes the amount awarded by the Tribunal. Towards incidental charges another Rs.5,000/- is awarded. In total the enhanced compensation would be Rs.1,63,600/-. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn