IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.5759/2010 (MV) BETWEEN:
Sri Shankar Reddy s/o Venkata Reddy Aged about 48 years r/a Kadaganahalli village Mulbagal Taluk Kolar District. ... Appellant (By Sri J G Kumar for Sri N Gopala Krishna, Advocate) AND:
1. Sri N Malleswara Rao s/o M Veerabhandra Rao Major in age, D No.2-170 Poranki, Penamaluru Mandalam, Krishna District Pin – 520002, Andhra Pradesh.
2. The Divisional Manager National Insurance Ltd., D O V, 3rd Floor Unity Building Annexe Mission Road Bangalore-560027 Rep: by its Manager. ... Respondents (By Smt.Bharathi M for Sri Vankatesh R Bhagat, Advocate for R2) (R1 served) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 21.11.2008 passed in MVC No.4267/2007 on the file of XVI Additional Judge, Court of Small Causes, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA coming on for disposal this day, the Court delivered the following:
JUDGMENT This appeal is directed against the judgment and award dated 21.11.2008 passed in MVC No.4267/2007 on the file of XVI Additional Judge, Court of Small Causes, Member, MACT, Bangalore, wherein the learned Member had granted compensation of Rs.6,00,800/- together with interest at the rate of 6% p.a. from the date of petition till realization.
2. The incident that led to initiation of proceedings is that on 21.9.2006, the appellant/petitioner and others were traveling as passengers in a TATA Sumo bearing Regn. No.TN-20/X- 5365 at about 6.30 p.m. When the said vehicle was proceeding on NH-4 near Jagamarla Cross, Palamner Chittoor Road, a lorry bearing Regn. No.AP-16/TV 6556 came from opposite direction in a rash and negligent manner and dashed against the said TATA Sumo. As a result of the said impact, the petitioner and others have sustained serious injuries.
3. Upon presentation of claim petition by the appellant/petitioner along with others, a common judgment was passed by the learned Member, wherein the claim petition presented by the appellant/petitioner was allowed in part and an amount of Rs.6,00,800/- was awarded. The learned Member has awarded the compensation under different heads as under:
1. Pain and suffering - Rs. 45,000.00 2. Loss of income during the Period of treatment - Rs. 20,000.00 3. Medical expenses - Rs.1,45,000.00 4. Loss of future earning - Rs.2,80,000.00 5. Loss of amenities - Rs. 25,000.00 6. Conveyance & nourishment expenses - Rs. 20,000.00 7. Attendant’s charges - Rs. 5,000.00 8. Future medial expenses - Rs. 60,000.00 Total Rs.6,00,800.00 4. In the circumstances of the case and the nature of accident impact on the appellant/petitioner, learned counsel for the appellant would submit that there was no fault of any kind by the appellant/petitioner, the accident has caused him great hardship that too the injuries were sustained on the vital part of the body. Learned counsel would submit that the amount awarded towards loss of amenities and future medical expenses to be enhanced to a sum of Rs.50,000/- and Rs.1,00,000/- respectively. The disability assessed at 36% to the whole body by the learned Member appears to be just and proper. The contention of the learned counsel that it may be considered as 50% as per the opinion of the doctor cannot be accepted.
5. Learned counsel for the respondent – Insurance Company would submit that the amount of compensation awarded towards loss of future income and loss of amenities require to be reduced.
6. The appellant/petitioner was an agriculturist and also doing milk vending business. The compensation awarded under the head loss of amenities and future medical expenses is on the lower side.
7. Considering the circumstances of the case and nature of injuries, a sum of Rs.25,000/- under the head `loss of amenities’ and Rs.40,000/- towards `future medical expenses’ require to be enhanced. Compensation awarded under all the other heads are just and reasonable and it does not call for interference. Accordingly, the judgment and award passed by the Tribunal deserves to be modified to include the enhanced compensation of Rs.65,000/- with interest at the rate of 6% p.a.
Accordingly, appeal is allowed in part. The judgment and award dated 21.11.2008 passed in MVC No.4267/2007 on the file of XVI Additional Judge, Court of Small Causes, Member, MACT, Bangalore is modified awarding the enhanced compensation of Rs.65,000/-
with interest at 6% p.a. from the date of petition till its realization.
Insurance Company is directed to deposit the compensation amount, including the enhanced compensation with interest at 6% p.a. within four weeks from the date of the receipt of the copy of the order.
Sd/- JUDGE Bkm.