IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 8032 OF 2017 (MV) BETWEEN:
SRI. RAVINDRAKUMAR, AGED 30 YEARS, SON OF SRI. ELUMALAI, RESIDENT OF NEAR OLD POST OFFICE ROAD, RAMANAHALLI EXTENSION, CHIKKAMAGALURU DISTRICT.
(BY SRI JAGADISH BALIGA N, ADVOCATE) AND:
1. SRI.AVINISH BABU K.V., AGED 28 YEARS, SON OF SRI.K.V.BABU, RESIDENT OF D.NO.395, VENKATAREDDY NAGAR, 6TH CROSS, SIDDAPUR LAYOUT, JAYANAGAR EXTENSION, BENGALURU – 560 011.
2. SRI.RAVIKUMAR, AGED ABOUT 32 YEARS, SON OF SRI.P.M.SUBRAMANI, RESIDENT OF NO.177, OLD NO.212A, NETRAVATHI STREET, UDAY NAGAR, BENGALURU – 560 048.
... APPELLANT 3. THE MANAGER, IFFCO – TOKIO GENERAL INSURANCE COMPANY LIMITED, SRISANTH TOWER, 5TH FLOOR, 3RD MAIN, OPPOSITE KUPPA COFFEE CENTRE, KASTUR NAGAR, EST. N.G.E.F. LAYOUT, BENGALURU – 560 048. ... RESPONDENTS (BY SRI E.I.SANMATHI, ADV., FOR R3;
NOTICE TO R1 AND R2 DISPENSED WITH VIDE ORDER DATED 04.04.2019) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.07.2017 PASSED IN MVC NO.364/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MACT, CHIKKAMAGALURU, 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 For the injuries suffered in the road traffic accident that took place on 29.03.2014 the appellant made claim petition before the Additional Senior Civil Judge and Motor Accident Claims Tribunal, Srirangapatna. The Tribunal, by its judgment and award dated 31.07.2017 passed in MVC No.364/2014 awarded compensation of Rs.6,62,892/- with 6% interest p.a. from the date of petition till the date of realisation. Being not satisfied with the compensation, the appellant is before this Court in this appeal.
2. The learned counsel appearing for the appellant submits that due to the injuries suffered in the accident, the appellant has lost his job who was earning Rs.35,000/- per month and he cannot earn more salary as he was earning earlier. He further submits that compensation awarded by the Tribunal on the head of pain and sufferings, loss of amenities in life, Conveyance attendance charges, food and nourishment, loss of earning during laid-up period are on lower side and needs enhancement. Hence, the learned counsel prays for allowing the appeal and suitably enhance the compensation.
3. Per contra, the learned counsel appearing for the respondent-Insurer submits that the Tribunal, after considering the oral and documentary evidence, has awarded just and proper compensation and the same does not call for any interference in this appeal. Hence, he prays for dismissal of the appeal.
4. The accident is not in dispute and the injuries suffered in the accident is also not in dispute. Since considering the duration of treatment another Rs.12,000/- is awarded towards loss of income during laid up period as against Rs.50,000/- which would come to Rs.62,000/-.
5. The appellant has suffered irregular lacerated wound over right upper eyelid over outer canthus of eye with glass pieces entangled in the sub-cataneous tissue; Right lower limb externally rotated. Tenderness over the right thigh in the middle third; Fracture shaft of right femur upper 1/3, the appellant might have suffered agony and also the hardship, I am inclined to award another Rs.25,000/- under the head pain and suffering as against Rs.75,000/- which comes to Rs.1,00,000/- Further, the appellant has to suffer the hardship for the rest of his life and considering the said factor, I am inclined to award another Rs.50,000/- towards loss of amenities as against Rs.50,000/- which would come to Rs.1,00,000/-. The compensation awarded by the Tribunal towards Medical expenses which has been awarded considering the medical bills and future medical expenses remains unaltered. The appellant has taken treatment and considering the duration of treatment another sum of Rs.10,000/- is awarded towards conveyance, attendance charges, food and nourishment as against Rs.40,000/- which would come to Rs.50,000/-. Rs.2,38,645/- towards loss of earning capacity awarded by the Tribunal is sound and proper and does not call for any interference.
6. Accordingly, the enhanced compensation would be to the tune of Rs.7,59,892 /- which shall carry 6% interest as against Rs.6,62,892 /- awarded by the Tribunal.
7. Accordingly, the appeal is allowed-in-part.
The judgment and award passed by the Tribunal is modified to the extent stated herein above. The claimant is entitled for an additional compensation of Rs.97,000/- with interest at 6% p.a. from the date of claim petition till the date of realization.
8. The Insurance Company is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment.
No order as to costs.
Sd/-
ACTING CHIEF JUSTICE HR