IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.5975/2015 (MV-I) BETWEEN:
SRI. NAVEEN.S.B. S/O SURESH ACHAR AGED ABOUT 26 YERAS, OCCUPATION: ENGINEER SERVING IN SUGAR FACTORY, R/O AMARAVATI VILLAGE, HARIHARA TALUK DAVANAGERE DISTRICT ... APPELLANT (BY SRI.PRAKASHA H C, ADV.) AND:
1. SRI MANJAPPA S/O MAHADEVAPPA HANGARKI AGED ABOUT 33 YEARS, DRIVER OF KSRTC BUS BEARING REG. NO.KA-42-F-1316 HUBLI DEPOT, HUBLI R/O, BYAHATTI VILLAGE HUBLI TALUK DHARWAR DISTRICT – 580 020 2. THE DIVISIONAL CONTROLLER NWKSRTC HUBLI DIVISION HUBLI - 580020 3. THE MANAGING DIRECTOR KSRTC, SARIGE BHAVANA K.H.ROAD BANGALORE - 560002 4. THE CHAIRMAN KARNATAKA STATE ROAD TRANSPORT CORPORATION INTERNAL INSURANCE CONSOLIDATED FUND SARIGE BHAVAN K.H.ROAD BANGALORE – 560002 ... RESPONDENTS (BY SRI.K NAGARAJA, ADV. FOR R2, NOTICE TO R1, R3 AND R4 ARE DISPENSED WITH VIDE C/O DATED 16.12.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.03.2015 PASSED IN MVC NO.192/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Appellant met with road traffic accident on 15th July 2013 while he was traveling in Karnataka State Road Transport Corporation Bus, as a result of the accident he suffered fracture of L1 vertebra; fracture of left radius; abrasion over left knee and blunt injury to leg. Initially the injured was shifted to Government Hospital at Harihara. Later, he was shifted to Novodaya Hospital at Davanagere.
He was inpatient for about eight days and spent huge amount on medical expenses. The Tribunal has awarded compensation of Rs.40,438/-. The learned counsel appearing for the appellant compensation awarded is meager and seeks enhancement.
2. The learned counsel appearing for the respondent- Insurance Company submits to dismiss the appeal. He submits that the tribunal has awarded just compensation.
3. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. It is seen that the compensation at Rs.5,000/- awarded by the Tribunal under the head pain and suffering is very much less as the claimant has suffered two fractures, i.e. fracture of L1 vertebra and fracture of left radius. In that view of the matter, I intend to award another Rs.30,000/- under the said head. Towards transportation, nourishment food and attendant charges Rs.5,000/- is awarded in addition to what has been awarded by the Tribunal. The Tribunal has not awarded any amount under the head loss of amenities. Considering the agony undergone by the claimant, I am inclined to award Rs.15,000/- under the said head. The compensation awarded by the Tribunal under other heads remain unaltered. In the result, the compensation is enhanced by Rs.50,000/- i.e. to Rs.90,438/- as against Rs.40,438/- awarded by the Tribunal.
To that extent the order of the Tribunal stands modified.
Appeal is allowed in part.
lnn Sd/- JUDGE