IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.122/2015 (MV) BETWEEN:
SRI.SHANTHARAJU S/O SRI MALLAIAH, AGED ABOUT 49 YEARS, OCC: SECURITY SUPERVISOR, R/.AT NO.67,NANJAREDDY COLONY, BANGALORE SOUTH, BANGALORE DISTRICT-560 017.
... APPELLANT (BY SMT. SUNITHA B.H. ADV. FOR SRI. SURESH M LATUR, ADV.) AND:
1. SRI SHIVAKUMAR S/O SRI SHIVANNA, R/AT NO.301, NERALURU (V) & (P), ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107.
2. THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.745, 1ST FLOOR, NEW MICO MAIN ROAD, CHANNAKESWANAGAR, HOSA ELECTRONIC CITY, BANGALORE - 560 100. ...RESPONDENTS (BY SRI.O.MAHESH, ADV. FOR R2 (VK NOT FILED) NOTICE TO R1 IS DISPENSED WITH V/O DTD 13/02/15) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.11.2014 PASSED IN MVC NO.2799/2013 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSES JUDGE, 33RD ACMM, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T The petitioner-appellant herein filed claim petition in No.2799 of 2013 before the Motor Accident Claims Tribunal, Bengaluru seeking compensation for the injuries suffered in the road traffic accident on 13th April 2013. The Tribunal by its order dated 6th November 2014 has awarded compensation of Rs.1,30,000/-.
2. The learned counsel appearing for the appellant submits that the compensation awarded by the Tribunal is very meager. He submits that the claimant has suffered fracture neck of left femur and other grievous injuries. The claimant has underwent left complex acetabulam reconstruction and left proximal femur reconstruction with taperloc hip primary femur. He submits that the claimant is suffering permanent disability at 45.5%, but the Tribunal has erred in assessing the disability at 23%. He also submits that the Tribunal has awarded only Rs.10,000/- towards medical expenses which is very low. Hence, he seeks enhancement in the compensation.
3. The learned Counsel appearing for the respondent- Insurance Company submits to dismiss the appeal. He submits that what has awarded by the Tribunal is just and proper and does not call for any interference.
4. Heard the learned counsel appearing for the parties and gone through the judgment and order of the Tribunal and it is found that what has been awarded by the Tribunal is just and proper. However in the ends of justice, suffice it if globally another Rs.25,000/- is awarded in addition to what has been awarded by the Tribunal. Accordingly it is awarded. It is made clear that the enhanced compensation does not carry any interest. Appeal accordingly stands disposed of.
lnn Sd/- JUDGE