IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.513/2019(MV) BETWEEN:
SRI SHIVANNA S/O THIMMEGOWDA, AGED ABOUT 54 YEARS R/AT AAGACHAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. ..APPELLANT (BY SRI KAILAS SHANKAR P S., ADVOCATE) AND:
1 . SRI RAVI KUMAR S/O SRINIVASGOWDA, MAJOR, No.591, 2ND CROSS RAMAMANDIRA ROAD, HARINAGAR, BENGALURU.
2 . UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE NO.5TH & 6TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, NRUPTHUNGA ROAD, BENGALURU-560 001. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 16.07.2018 PASSED IN MVC NO.7993/2016 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND XXXII ACMM, MEMBER, MACT- 3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 85 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 16.07.2018 passed in MVC No.7993/2016 by the VII Additional SCJ and XXXII ACMM, MACT-3, Bengaluru, wherein claim petition came to be filed under Section 166 of the Motor Vehicles Act by the petitioner because of the injuries sustained by him in the road traffic accident dated 29.08.2016 which came to be allowed in part and an amount of Rs.3,10,650/- with interest at the rate of 8% p.a. from the date of petition till deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has come up in this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The details of the accident are on 29.08.2016 at about 2.15 P.M. petitioner was walking on footpath near Anchechittanahalli Village, Nagamangala to Bellur Road, Kasaba Hobli, Nagamangala Taluk. Meanwhile a motorcycle bearing registration No.KA-05-HM-8664 suddenly came from back side i.e., from Bellur side in a rash and negligent manner and dashed against the petitioner because of which he fell down and sustained injuries and was shifted to AIMS Hospital, B.G.Nagar. Petitioner also underwent surgery and admitted in the hospital from 29.09.2016 to 18.10.2016. A criminal case also stated to have been registered in Crime No.244/2016 against the rider of the motorcycle bearing registration No.KA-05-HM-8664 for the offences punishable under Section 279, 337 and 338 of IPC. Petitioner claimed joint and several liability of the RC owner and insurance company to compensate him.
5. Learned Member was accommodated with oral evidence of PW-1 to PW-3 and documentary evidence of Exhibits P-1 to P-19. With this learned Member came to a conclusion to grant compensation as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and agony Rs. 40,000/-
2. Loss of income during Rs. 22,500/-
treatment period 3. Loss of earning Rs.2,10,600/-
4. Medical expenses Rs. 17,550/-
5. Loss of amenities, conveyance, food and nourishment, attendant charges etc.
Rs. 20,000/-
Total Rs.3,10,650/-
6. Learned counsel Sri Kailash Shankar for appellant submits that the compensation granted is totally insufficient when compared to injury and disability. Learned counsel would submit that the petitioner was a driver and now he cannot drive and his very livelihood is affected adversely.
7. Doctor who has treated petitioner has assessed disability at 19% and the monthly income considered by the Tribunal at Rs.7,500/- and disability at 18% and loss of earning is calculated as under:
7,500x12x13x18/100 = Rs.2,10,600/-
8. Insofar as present appeal is against quantum of compensation based on reckoning of monthly income at Rs.7,500/-.
9. In the facts and circumstances of the case there are no materials to state that petitioner has totally become disabled and cannot drive the vehicle.
10. On the materials available I find the compensation granted more particularly with 8% p.a. interest is fair, just and there is no necessity to proceed further.
Appeal is rejected at this stage itself.
Sd/- JUDGE SBN