IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.3232/2016(MV) BETWEEN:
SRI SATHYA PRAKASHA S/O RAJEGOWDA AGED ABOUT 39 YEARS WRITER AT GANGA COFFEE CURING WORKS R/AT I STAGE VIJAY NAGAR EXTENTION HASSAN - 570 177 ... APPELLANT (BY SRI.PRAKASHA K V, ADV.) AND:
1. MALLIK S/O UDDEGOWDA AGED MAJOR R/AT NO.4730 HUNASINAKERE ROAD HASSAN - 570 117 (OWNER OF TATA SUMO VEHICLE BEARING NO.TN-57-C-723) 2. RELIANCE GENERAL INSURANCE CO. LTD RELIANCE CENTER, #9 WALCHAND, HIRACHAND MARG BALLARD ESTATE, MUMBAI REPRESENTED BY RELIANCE GENERAL INSURANCE CO. LTD., I FLOOR, KRUTHIKA ARCADE NEAR N R CIRCLE, H N PURA ROAD HASSAN – 573 155 ... RESPONDENTS (BY SRI.ASHOK N PATIL, ADV. FOR R2;
NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.01.2016 PASSED IN MVC NO.1824/2012 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The compensation awarded by the Tribunal to the injured at Rs. 1,89,080/- is on account of the Motor Vehicle Accidental injury caused to him on 8.9.2011 which was subject matter in MVC No.1824/2011 on the file of the Addl. District Judge and MACT, Hassan which is challenged in this appeal.
2. The only submission of the claimant is that the compensation is not awarded on the basis of the material evidence available on record and the Tribunal has not awarded any compensation under the head of loss of amenities, attendant charges, food and nourishment and the compensation awarded under the head the treatment during laid up period was only for two months when the petitioner was inpatient for three months.
3. The learned counsel for the respondents sought to dismiss the appeal.
4. I have heard the learned counsel for both the side. It is seen that the Tribunal has not awarded any compensation under the head loss of amenities. Hence a sum of Rs.25,000/- is awarded under the head loss of amenities. The Tribunal has awarded only Rs.2000/- towards conveyance charges. It is the case of the claimant that injured was hospitalized for about 30 days in Tejaswini Hospital Mangalore which requires huge amount for the attendant to look after the injured from traveling from Hassan. Under these circumstances, a sum of Rs.15,000/- is awarded in place of Rs.2,000/-. The compensation awarded under the head laid up period salary for two months is enhanced from Rs.14,000/- to 28,000/- as he was inpatient in the Hospital for more than two months. Hence, the petitioner claimant is entitled for additional compensation of Rs.52,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation carries interest at 6% P.A. from date of petition till date of payment. Accordingly, the appeal is allowed in part.
Sd/- JUDGE NM