IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.1828/2019(MV) BETWEEN:
SRI NANJA REDDY S/O DANANJAYA REDDY NOW AGED ABOUT 30 YEARS R/AT SANJEEVAPPA BUILDING KUNTLU REDDY BADAVANE JIGANE, ANEKAL TALUK BANGALORE-560 099 ..APPELLANT (BY SRI RANGEGOWDA N R., ADVOCATE) AND:
1 . ROYAL SUNDARM GEN. INS. CO. LTD., NO.132 SRI BALAJI SEVEREIGN 2ND FLOOR NEXT TO URBAN EDGE BRIGADE ROAD BANGALORE-560 025 2 . MR JALEEL BASHA S S/O S KHUDDUS NO.U-116A PEDDAPALLI PUTTAPARTHI ANANTAPUR ANDHRA PRADESH-505 172 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.06.2018 PASSED IN MVC NO.4814/2016 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU(SCCH-25), 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, in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 177 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 05.06.2018 passed in MVC No.4814/2016 by the XXI ACMM and XXIII ASCJ, MACT, Court of Small Causes, Bengaluru, wherein claim petition came to be allowed in part and an amount of Rs.22,04,000/- with interest at the rate of 8% p.a. from the date of petition till the date of depositing the amount 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. The details of the accident that occurred on 14.08.2015 at about 10.30 a.m. are petitioner was traveling in a motorbike on Kodikonda-Puttaparthy road near Buchepalli cross, Gorantia Mandalam, Andrapradesh. At that time, an autorickshaw bearing registration No.AP-02-V-6322 driven by its driver with a high speed and in a rash and negligent manner dashed against the petitioner, because of which petitioner fell down and sustained grievous injuries. He was taken to B.G. Hospital and Sparsh Hospital for treatment and he has spent Rs.15,00,000/- towards medical treatment and medicines.
4. Petitioner is stated to be working in a work shop and earning Rs.20,000/- per month. The injuries stated to be sustained by the petitioner are:
1. Crush injury of right leg 2. Fracture of right radius 3. Partial amputation right middle finger at the level of middle phalanges 4. Fracture base of 3rd and 4th right proximal phalanges 5. Open intra-articular right proximal tibia fracture 6. right subtler dislocation 5. The percentage of disability assessed by the doctor PW-2: permanent physical disability of the right lower is 80%, total functional disability of the right upper limb is 45% and whole body permanent disability 40%. Monthly income of the injured considered by the Tribunal at Rs.8,000/- per month and disability at 27% to the whole body and multiplier `17’. Thus an amount of Rs.4,40,640/- is granted under the head `loss of future income’. Rs.15,99,306/- is granted under the head `medical expenses’. In this connection the break up of compensation is as under:
and happiness 6. Attendant, conveyance, food and nourishment charges Total Rounded off to Rs. 20,000/-
Rs.22,03,946/- Rs.22,04,000/-
6. Learned counsel for appellant would submit that the injuries sustained by the petitioner are very serious and the impact of crush injury is very miserable and compensation awarded under the head `loss of income during laid up period’ is on the lower side and compensation is not awarded under the head `future medical expenses’.
Insofar as quantum is concerned demand for enhancement does not require to be considered. Amount what is ordered is just, fair and equitable. There is no necessity for further proceedings in the appeal. Appeal is liable to be rejected at this stage itself.
Appeal is rejected.
Sd/- JUDGE SBN