IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ M.F.A.No.3284/2012(MV) BETWEEN:
SRI RAMESH S/ HANUMANTHA AGED ABOUT 27 YEARS R/AT KURKUNTI VILLAGE MANVI TALUK, RAICHUR DISTRICT-584 129 ..APPELLANT (BY SMT C G ASHADEVI, ADVOCATE) AND:
1.THE NEW INDIA INSURANCE CO. LTD., UNITY BUIDLING, CITY DO-XI, UNITY BUIDLING, TOWER BLOCK 4TH FLOOR, J C ROAD, BANGALORE-560 002 2.SHRI G NARAYANA A.N.125/A, ERAPPA BUIDLING, YELACHENAHALLI KANAKAPURA ROAD, BANGALORE -560 078 ..RESPONDENTS (BY MS.Y ARUNA & SRI K KISHORE KUMAR REDDY, ADVOCATES FOR R-1, NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER DATED 14.02.2014) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.10.2011 PASSED IN MVC NO.1146/2010 ON THE FILE OF THE 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 FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is preferred by the injured/claimant seeking enhancement of compensation awarded by the Tribunal in MVC No.1146/2010 whereby the Tribunal has awarded a sum of Rs.10,000/- with interest at the rate of 6% p.a. as compensation for the injury sustained by appellant/claimant in a road traffic accident which occurred on 06.12.2009 involving a Tempo bearing registration No.KA-05-AB- 8661.
2. It is the case of the appellant/claimant that on 06.12.2009 at about 8.15 p.m. when he was crossing the road near Koramangala BDA Complex to go towards St.John Auditorium, at that time one Tempo bearing registration No.KA-05-AB-8661 driven by its driver in a high speed and in a rash and negligent manner dashed against him, due to which he sustained injuries and thereafter he was shifted to St.John’s Hospital and took treatment.
3. The total compensation of Rs.10,00,000/- was claimed before the Tribunal. The injured-claimant was examined as PW-1 and Exhibits P-1 to P-12 were marked. The Tribunal after considering the evidence and material on record awarded a total compensation of Rs.10,000/- with costs and interest at the rate of 6% p.a. from the date of petition till the date of realization.
4. The accident in question and the involvement of Tempo bearing registration No.KA-05-AB-8661 and actionable negligence on the part of its driver in causing the accident is not disputed. It is also not disputed that respondent No.1 is the insurer of the said vehicle. The material on record discloses that the injured/claimant suffered the following injuries:
“1. Laceration over forehead measuring 10 cms X 1 cm with a contusion over right parieto frontal region of the scalp measuring 3 cms in diameter, CT Brain plain-Diffuse cerebral edema fracture of right equamano temporal bone and old fracture of right zygomatic arch.
2. Abrasion over right side of lower abdomen measuring 2 x 1 cms.”
5. Exhibit P-7 is the wound certificate. As per the wound certificate, injury No.1 is grievous in nature and injury No.2 is simple in nature. Exhibit P-8 is the case record issued by NIMHANS. Ex.P-11 is the X-ray. However, the claimant has not examined the doctor who has treated him either at St.John’s Medical College/Hospital or NIMHANS. There is nothing on record to show that the injured has sustained any permanent disability or that on account of the injury sustained by him he suffered any loss of income etc.
6. Perusal of the wound certificate goes to show that the injured has sustained injuries on his forehead and over right parieto frontal region of the scalp and there is a diffusion edema and fracture of right temporal bone. There is no clear evidence to show the period of treatment taken by the injured. However, considering the injuries suffered by the claimant as noted in the wound certificate as per Ex.P- 7 and considering Ex.P-8 i.e., emergency case record issued by NIMHANS and also considering that a sum of Rs.4,967/- has been spent towards medical expenses, I am of the view that compensation of Rs.10,000/- awarded by the Tribunal is inadequate and not just and reasonable. In the facts and circumstances of the case and relying upon the above said documents and evidence adduced, I deem it appropriate to award global compensation of Rs.60,000/-, as against Rs.10,000/- awarded by the Tribunal.
Accordingly, I pass the following:
ORDER 1. Appeal is allowed in part.
2. Judgment and award dated 22.10.2011 passed in MVC No.1146/2010 on the file of XI Additional Judge, MACT, Court of Small Causes, Bengaluru, is hereby modified.
3. Appellant/claimant is entitled for a total compensation of Rs.60,000/- as against Rs.10,000/- awarded by the Tribunal. The compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization.
4. Respondent No.1/insurance company is directed to deposit the compensation amount with interest within a period of four weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE SBN