IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.631/2019(MV) BETWEEN:
SRI SATHYANARAYANA AGED ABOUT 28 YEARS S/O SRI KODANDARAMAIAH R/A DOGGANAHALLI KORATAGERE TALUK -572 129 ..APPELLANT (BY SRI SATHISHA T., ADVOCATE) AND:
1 . T MANJUNATHA S/O BASAVARAJU AGED ABOUT 36 YEARS R/A BRAHMASANDRA POST KORA HOBLI TUMAKURU TALUK AND DISTRICT-575501 2 . NATIONAL INSURANCE COMPANY LTD., KASTURI MANSION BEHIND KRISHNA MANSION BEHIND KRISHNA TALKIS M G ROAD, TUMAKURU NOW REP. BY THE REGIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE NO.144, 2ND FLOOR SUBHARAM COMPLEX M G ROAD BENGALURU-560001 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 26.07.2018 PASSED IN MVC NO.1181/2016 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND MACT XIII, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT With the consent of the learned counsel appearing for the parties, appeal is taken up for final disposal.
Appeal is directed against the Judgment and award dated 26.07.2018 passed in MVC No.1181/2016 by the Additional Senior Civil Judge, MACT-XIII, Madhugiri, wherein claim petition came to be allowed in part and global compensation of Rs.50,000/- with interest at the rate of 9% p.a. from the date of petition till the date of deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. It is stated that on 04.09.2016 at about 8 P.M. petitioner was proceeding on the motorcycle bearing registration No.KA-06-EH-0168 as a pillion rider and it was ridden by one Upendra Kumar. When the motorcycle reached Muthurayaswamy Temple, on Dogganahalli-Madhugiri Road, Koratagere Taluk, another motorcycle bearing registration No.KA-06-EJ- 5157 ridden in a rash and negligent manner came from Madhugiri side and dashed against the motorcycle on which the petitioner was proceeding because of which he sustained serious injuries and petitioner was also admitted in the hospital between 06.09.2016 to 12.09.2016.
4. Learned Member assessed the compensation at Rs.50,000/- by way of global compensation together with interest @ 9% p.a. It is against this order the appellant has come up in appeal seeking enhancement.
5. Learned counsel Sri Sathisha submits that the Tribunal ought to have granted just and reasonable compensation and assessment is very much on the lower side.
6. As per Exhibit P-4- wound certificate, injuries sustained by the petitioner are abrasion on the left side of forehead and right side of skull 2cmx3cm, abrasion in lower lip 2cmx1cm, Swelling in right temporal region. Doctor opined that injuries 1 and 2 are simple in nature and 3 and 4 are grievous in nature. There is no disability. Even the accident is stated to be of the year 2016. Petitioner has not suffered loss of earning capacity and incurred medical expenses is reimbursed.
I find no infirmity and irregularity or under assessment of compensation. What is granted appears to be fair and just and deserves to be confirmed.
Appeal is rejected.
Sd/- JUDGE SBN