IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1532/2015 (MV) BETWEEN:
SRI.S.SANTHOSH KUMAR S/O M.SRINIVAS, AGED ABOUT 28 YEARS, NO.F-52, 8TH CROSS, GAYATHRINAGARA, BANGALORE - 560 021, NOW RESIDING AT NO.3945, 7TH CROSS, 2ND STAGE, GAYATHRINAGARA, BANGALORE - 560 021 ...APPELLANT (BY SRI.KEMPE GOWDA C.M., ADV.) AND:
1. SRI.BALAJI PRASAD M.S. S/O A R SRINIVASAN, MAJOR, R/A NO.25, 3RD C MAIN, SRIRAMANAGARA, BANGALORE - 560 086.
2. IFFCO-TIKIO GENERAL INSURANCE COMPANY LTD. NO.41, II FLOOR, CRISTU COMPLEX, LAVELLE ROAD, BANGALORE - 560 001. REP. BY ITS MANAGER ...RESPONDENTS (BY SRI.D.S.SRIDHAR, ADV. FOR R2;
R1 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.11.2014 PASSED IN MVC NO.1037/2008 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, 27TH ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is filed against the judgment and award dated 24th November 2014 passed in MVC No.1037 of 2008 by the Motor Accident Claims Tribunal, Bangalore. By the said order the Tribunal has awarded compensation of Rs.5,47,500/- with interest at 6% per annum from the date of the petition. Being not satisfied by the same, this appeal is preferred seeking enhancement.
2. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is meager. He submits that the appellant was aged 24 years at the time of accident and he was earning Rs.6,000/- per month by working as salesman. The appellant has taken several grounds seeking enhancement. He submits that the compensation awarded under the head Food, nourishment and conveyance; less of earnings on future income is very much on the lower side and hence seeks enhancement.
3. The learned counsel for the respondent submits to dismiss the appeal.
4. Heard the learned counsel for the parties. This is the second round that the appellant is before this Court. In the earlier round, the appellant was before this Court in MFA No.2340 of 2011, which by its order dated 17th June 2014 was remanded to consider and pass fresh order. The Tribunal by the judgment and award impugned enhanced the compensation by another Rs.1,17,500/- in all the compensation awarded was Rs.5,47,500/-. The appellant is before this court seeking enhancement in the compensation. After the appeal was remanded, the Tribunal has reconsidered the case of the appellant and as regards to the submission of the appellant that he require another Rs.1,10,000/- towards replacement of eye-ball and the eye-ball is required to be changed every five years, has awarded the compensation of Rs.85,000/-. The Tribunal has awarded Rs.5,000/- towards food, conveyance, nourishment and other expenses. Considering the Medicals bills that has been produced at Rs.27,303/-, Rs.27,500/- has been awarded towards medical expenses. It is the submission of the learned counsel for the appellant that the appellant has the marriage prospects and it has also come in evidence that the appellant must replace the eye-ball every five years which requires cost of Rs.1,10,000/- on every replacement. Be that as it may, considering the age of the appellant and also the pain and suffering he has to undergo for his life time and also the agony of pain, I am inclined to award another Rs.50,000/- towards pain and suffering. It has come in evidence that the appellant has to undergo ey-ball replacement once in every five years. Hence, an amount of Rs.25,000/- is awarded in addition to what has been awarded by the Tribunal under the head Future Medical Expenses. Though the Tribunal has awarded Rs.50,000/- towards loss of amenities, considering the hardship the appellant has to undergo for the lifetime, I am inclined to award another Rs.50,000/- under the head loss of amenities. In all, the compensation is enhanced to Rs.6,72,500/- which carries interest at the rate as is awarded by the Tribunal. In the result, appeal is allowed in part.
lnn Sd/- JUDGE