IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO.4903/2013 (MV) BETWEEN:
SRI RAMESHA S/O LINGAPPAGOWDA AGED ABOUT 39 YEARS R/O DODDANAGARA VILLAGE SAKALESHPUR TALUK HASSAN DISTRICT PRESENTLY R/AT PARK ROAD NORTHERN EXTENSION HASSAN – 573 201 (BY SRI H.J. ANANDA, ADVOCATE) AND:
1. SRI ASLAM KHAN S/O AMEERJAN AGED ABOUT 44 YEARS BESTHARA STREET CHIPPINAKATTE HASSAN CITY – 573 201 2. BAJAJ ALIYANZ GENERAL INSURANCE COMPANY LIMITED G.E.PLAZA, AIRPORT ROAD YARAWADA, POONE – 411 006 REPRESENTED BY MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., HARSHAMAHAL ROAD HASSAN – 573 201 ... APPELLANT 3. MEHABOOB SHARIF S/O REHAMAN SHARIFF AGED ABOUT 50 YEARS PENSION MOHALLA HASSAN – 573 201 ... RESPONDENTS (BY SRI V. LAKSHMIKANTH RAO, ADVOCATE FOR R-1; SRI O. MAHESH, ADVOCATE FOR R-2;
NOTICE TO R-3 DISPENSED WITH V/O DT. 13.7.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2012 PASSED IN MVC NO.407/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant sustained multiple injuries in an accident that took place on 08.07.2008 at about 10 p.m. while he was walking on left side of B.M.Road, Thejaswi Circle, Sakaleshpur Town, when a lorry bearing registration No.KA-03-A-5062 came from Hassan side in a rash and negligent manner and dashed against him. It is stated that the appellant was doing agriculture and business and was earning Rs.10,000/- per month. He was aged 35 years at the time of accident.
3. The Tribunal, having regard to the nature of injuries sustained by the appellant and considering the evidence on record, awarded total compensation of Rs.1,08,000/- under different heads. Dissatisfied with the meager amount of compensation awarded by the Tribunal, the appellant has filed this appeal.
4. I have heard learned counsel for the parties and have gone through the papers made available.
5. The wound certificate discloses that the appellant sustained fracture of right inferior pubic ramus and he was treated as an inpatient at Government Hospital, Hassan. The nature of injuries sustained by the appellant makes out that he must have suffered considerable pain and agony and must have spent substantial amount towards medical expenses, conveyance, attendant charges etc. In the circumstances, if another sum of Rs.75,000/- is awarded globally in addition to what has been awarded by the Tribunal, it would meet the ends of justice.
6. Accordingly, this appeal is allowed in part to the extent indicated above.
It is made clear that the enhanced compensation shall not carry any interest.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv