IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.6158 OF 2016 (MV-I) Between:
Sri.Sathyesh, S/o M.Nagabhushanarao, Aged about 70 years, ‘Sri.Shubam’, S.I.T. 8th Cross, Tumkur – 572 103.
... Appellant (By Sri. Sunil K.N., for Sri.Ramesh K.R., Advocates) And:
1. Devananda R., S/o Rajashekharaiah, Devapriya Nilaya, 6th Main, 6th Cross, S.S.Puram, Tumkur – 572 102.
2. The Manager, IFFCO TOKIO General Insurance Co. Ltd., 3rd Stage, Near Yelahanka New Town Bus Stand, Bangalore – 560 064.
... Respondents (By Sri.S.V.Hegde Mulkhand, Advocate for R2; Notice to R1 dispensed with) This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the Judgment and award dated 15.03.2016 passed in MVC No.896/2014 on the file of II Additional Senior Civil Judge & MACT, Tumakuru, partly allowing the claim petition for compensation and seeking enhancement of compensation etc.
This apeal is coming on for admission this day, the Court delivered the following:
J U D G M E N T Though this appeal is listed for admission, the same is taken up for final disposal with the consent of both the learned counsel.
2. It is the case of appellant that on 17.03.2014, at about 12.30 p.m., when he was proceeding towards SIT College, Tumkur on his TVS Super XL Moped bearing registration No.KA-06-S-4891 on NH-206 road, and when he reached near SIT College, the rider of DIO Scooter bearing registration No.KA-06-EQ-917 by riding the said scooter in a rash and negligent manner dashed against the Moped of the appellant, as a result of which, he fell down and sustained multiple injuries all over the body. He was shifted to General Hospital at Tumkur and took treatment as an inpatient. He was referred to NIMHANS at Bangalore where he took treatment for his head injury. Again he was shifted to D.J. Hospital at Bangalore and took treatment in the said hospital as an inpatient.
3. The learned counsel for the appellant submits that the appellant has suffered severe head injury including fracture and he was admitted as an inpatient for a period of 16 days. Therefore, he submits that the total compensation awarded by the Tribunal deserves to be enhanced.
4. The learned counsel appearing for the Insurance Company on the other hand contended that the Tribunal has awarded just and reasonable compensation in the facts and circumstances of the case and no enhancement is called for. Accordingly, he seeks for dismissal of the appeal.
5. The accident in question involving the offending scooter bearing registration No.
KA-06-EQ-917 which was insured with the second respondent herein is not in dispute. The tribunal has awarded a compensation of Rs.1,97,278/- under the following heads:
6. The appellant was aged about 68 years at the time of accident and he was a retired official. He was getting a monthly pension of Rs.10,000/-.
7. The wound certificate is marked as Ex.P4.
The appellant has sustained multiple bleeding injuries like lacerated wound over right ear on pinna measuring 1 x 1 cm., bleeding from right ear, an abrasion measuring 2 x 1 cm over nose, haemorrhage contusion in the right temporal bone along with fracture of right squamous temporal bone. It is noticed that two injuries are simple in nature and other two injuries are grievous in nature. Ex.P.89 and P.90 are the Discharge Summary. The appellant has taken treatment as an inpatient from 18.03.2014 to 02.04.2014 at D.G. Hospital, Bangalore. Apart from that, he has also taken treatment at Government at Tumkur and NIMHANS at Bangalore.
8. Considering the nature of injuries and period of treatment undergone by the appellant, compensation of Rs.50,000/- awarded towards ‘pain and suffering’ is enhanced to Rs.65,000/-.
9. Regarding medical expenses, it is stated that Ex.P.8 to P.87 are the medical bills for Rs.2,25,618/-. The tribunal has observed that the bills produced as per Ex.P50 is Rs.94,340/- and after deducting an advance amount of Rs.49,000/-, the balance amount payable is Rs.45,340/-. The advance amount of Rs.49,000/- was paid under receipts produced as per Ex.P12 to P.18, P.19, P.22, P.26 and P.30. The balance amount of Rs.45,340/- was paid under receipts as per Ex.P49 and P.51. Both the bills and payment receipts for Rs.94,340/- was produced. Hence, the tribunal deducted the said amount and awarded a sum of Rs.1,31,278/- towards ‘medical expenses’.
10. The tribunal has awarded a sum of Rs.4,000/- towards ‘attendant charges’ and Rs.6,000/- towards ‘conveyance charges’ and Rs.6,000/- towards ‘food and nourishment expenses’.
11. Considering the facts and circumstances of the case and nature of injuries which might have resulted in appellant taking rest for sometime, I deem it proper to award a sum of Rs.34,000/- as against Rs.16,000/- awarded by the Tribunal under the above heads. Thus, the claimant is entitled for a total compensation of Rs.2,31,278/- which is rounded off to Rs.2,32,000/- as against compensation of Rs.1,97,278/- awarded by the Tribunal.
12. Hence, I pass the following order:
i) The appeal is allowed in part.
ii) The judgment and award dated 15.03.2016 passed by the II Additional Senior Civil Judge & MACT, Tumakuru in M.V.C.No.896/2014 is hereby modified.
iii) The claimant is entitled for a total compensation of Rs.2,32,000/- as against Rs.1,97,278/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till the date of deposit.
iv) The second respondent-Insurance Company shall deposit the amount within a period of four weeks from the date of receipt of a certified copy of this judgment.
Np/-
Sd/- JUDGE