IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD M.F.A.No.9302 OF 2010(MV) BETWEEN:
Sri. Sannappa S/o Kenche Gowda Aged 41 years R/o Kote Hindala Koppalu Village Kasaba Hobli, Arakalgud Taluk Hassan District. … Appellant (By Sri.M.Babu, Advocate) AND:
1. G. Ravisha. Major S/o Govindaraju No.26 Mathru Nivasa 5th Cross, 33rd Main N.S. Extension, Nandini Layout Bangalore-560 096.
2. The Manager The United India Insurance Co. Ltd., 19-19/1, South End Road Basavanagudi, Bangalore-560004. ... Respondents (By Sri.L.Srikanta Rao, Advocate, for R2: Notice to R1 is dispensed with v/o 09.02.2015) This MFA is filed under 173(1) of MV Act, against the Judgment and Award dated: 24.05.2010 passed in MVC No.22/2009 on the file of the Civil Judge, (SR.DN.) & MACT, Arkalgud, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for hearing, this day, this Court, delivered the following:
J U D G M E N T The claimant has filed this appeal challenging the judgment and award dated 24.05.2010 passed by the Motor Accident Claims Tribunal, Arkalgud in MVC No.22/2009, whereby the Tribunal has awarded a compensation of Rs.2,19,640/- with interest at 6% p.a. from the date of petition till the date of deposit.
2. The brief facts of the case are that on 24.08.2008, the claimant along with his friends went to the temple in Maruthi Omni bearing registration No.KA-36/M-110. While they were returning to Kaduru on Arasikere – Banavara road, near Gavimata, at about 9.15 p.m. the driver of the Tata Indica car bearing registration No.KA-02/C-2626 came from the opposite direction in a rash and negligent manner and dashed against the vehicle in which claimant was traveling. As a result of the same claimant has suffered fracture of right femur bone, tibia and fibula and injuries on hands, forehead and other parts of the body. Immediately after recovering from the injuries, he has filed a claim petition before the MACT, Arakalgud in MVC No.22/2009.
3. To establish his case, claimant examined himself as PW1 and examined a doctor as PW2 and got marked 24 documents. On the other hand, on behalf of the Insurance Company neither the witnesses are examined nor documents are produced. On appreciation of the oral and documentary evidence, the Tribunal has granted a compensation of Rs.2,19,640/- with interest at 6% p.a. Being not satisfied with the quantum of compensation claimant has filed this appeal.
4. Sri M.Babu, learned counsel for the appellant submits that at the time of the accident the claimant was working as a driver. Due to the accident, his right leg has been amputated below knee. Hence he cannot do the driving work. He has been demoted to the post of driver-cum-technician. He lost the allowance being paid to the regular drivers. Due to the amputation of leg he has suffered pain and agony. The Tribunal is not justified in granting a meagre sum of Rs.40,000/- under the head ‘pain and agony’ 5. Secondly, the learned counsel contended that the claimant is aged about 40 years, as per the opinion of the doctor he has suffered 75% permanent disability on his right leg and he has to suffer the disability throughout his life. Therefore, the Tribunal is not justified in granting Rs.25,000/- under the head ‘loss of amenities’.
6. Thirdly, he contended that regarding the ‘medical expenses’ are concerned, the claimant has produced a bill for Rs.80,913.79 but the Tribunal has awarded only Rs.30,000/- under the said head.
7. Fourthly he contended that the Tribunal is not justified in awarding only Rs.10,000/- towards ‘future medical expenses’ having regard to the disability suffered by the claimant. Hence, he seeks for enhancement of the compensation.
8. Per contra, Sri L.Sreekanta Rao, learned counsel appearing for the respondent - Insurance Company submits that regarding medical expenses are concerned, since the claimant is a Government servant, the same may have been reimbursed to him. With regard to the compensation awarded under the heads of ‘pain and suffering’, ‘loss of amenities’ and ‘future medical expenses’, he submits that the Tribunal had granted a just compensation and it does not require any enhancement. Hence, he seeks for dismissal of the appeal.
9. Heard learned counsel for the parties and perused the records.
10. It is not in dispute that the claimant has suffered the grievous injuries due to the accident occurred on 24.08.2008 due to the rash and negligent driving of the Tata Indica car bearing registration No.KA-02/C-2626. Due to the accident, claimant’s right leg was amputated below knee. He has undergone surgery and he was inpatient for 28 days. He suffered lots of pain and agony. But the Tribunal is not justified in granting a meagre sum of Rs.40,000/- under the head ‘pain and suffering’. Hence, the same is enhanced to Rs.75,000/-.
11. As regards ‘loss of amenities’, as per the doctor’s evidence, there is 75% permanent disability on his right leg. The claimant has also suffered amputation, he has to suffer the same throughout his life. Therefore, the sum of Rs.25,000/-
awarded under the head ‘loss of amenities’ is enhanced to Rs.60,000/-.
12. Even though claimant had produced medical bills for Rs.80,913.79, the Tribunal is not justified in granting only Rs.30,000/- under the head ‘medical expenses’ on the ground that since the claimant is a Government servant the same may have been reimbursed to him. There are no documents produced to show that the medical expenses are reimbursed to the claimant. Therefore, the compensation under the said head is enhanced from Rs.30,000/- to Rs.80,000/-.
13. Since the claimant has undergone surgery and fixed rod and also the fact that his right leg was amputated below knee, he requires ‘future medical expenses’ for the purpose of further treatment and also for purchase of artificial limb. The Tribunal is not justified in awarding a lesser amount of Rs.10,000/- under the said head. Therefore, the same is enhanced from Rs.10,000/- to Rs.50,000/-.
14. The award passed by the Tribunal, dated 24.05.2010, is modified as under:
15. The Insurance Company is directed to deposit the enhanced compensation amount along with an interest @ 6% per annum from the date of filing of the claim petition, till the date of realization, within a period of four weeks from the date of the receipt of a copy of this order The amount so deposited by the Insurance Company shall be disbursed to the claimant, after due verification of his identity.
With the above modifications the appeal is allowed in part.
Sd/- JUDGE Cm/-