IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE MFA NO. 10057/2011 (MV) BETWEEN:
SRI SHIVASHANKAR S/O SHARANAPPA AGED ABOUT 34 YEARS, R/O NO.5 LAKSHMAMMA BUILDING BEHIND WIDIA FACTORY, TUMKUR ROAD NAGASANDRA POST BANGALORE-560073 (BY MS. ARCHANA MURTHY, ADVOCATE FOR SRI S DORAI BABU, ADVOCATE) AND 1.SRI GIRISH RAO S/O BANU RAO R/AT NO.GO-3, KSSTDC QTRS., 5TH BLOCK, RAJAJINAGAR HO, BANGALORE-560010 (OWNER OF THE VEHICLE BEARING REG.NO.KA-02-AA-833) 2.BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE AT GROUND FLOOR NO.31, TBR TOWER, 1ST CROSS NEW MISSION ROAD, ADJACENT TO JAIN COLLEGE AND BANGALORE STOCK EX., BANGALORE ... APPELLANT ... RESPONDENTS (BY SRI P B RAJU, ADVOCATE FOR R-2;
NOTICE TO R-1 DISPENSED WITH V/O DT. 21.08.2013) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10/01/2011 PASSED IN MVC NO.7643/2009 ON THE FILE OF THE IX ADDITIONAL SENIOR CIVIL JUDGE, SMALL CAUSES COURT AT BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed seeking enhancement of compensation.
2. The appellant sustained injuries in an accident that occurred on 08.07.2009 at about 5.45 a.m. while he was crossing the road on NH-4, Tumkur Road, near Tank road junction, T.Dasarahalli when the driver of Tempo bearing registration No.KA-02-AA-833 drove the vehicle in a rash and negligent manner and dashed against him.
3. On account of the accident, the appellant sustained open fracture shaft of left femur, fracture left radius and other injuries. He was aged 34 years at the time of accident and was working as driver-cum-conductor in BMTC.
4. The Tribunal, having regard to the nature of injuries suffered by the appellant and the evidence of the doctor as also the salary slips produced, has awarded total compensation of Rs.1,20,000/- under different heads. Dissatisfied with the meager amount of compensation awarded by the Tribunal towards pain and suffering, medical expenses, loss of earning during laid up period, loss of amenities, conveyance and attendant charges etc., the appellant has filed this appeal.
5. I have heard learned counsel for the parties and have gone through the papers made available.
6. A perusal of the material on record discloses that the appellant suffered fracture of femur bone and has undergone surgery. Though he has continued to work as driver-cum-conductor, he must have sustained some sort of disability and must have spent considerable amount towards medical expenses, conveyance and attendant charges. In the circumstances, if another sum of Rs.50,000/- is awarded globally in addition to what has been awarded by the Tribunal, it would meet the ends of justice.
7. Accordingly, this appeal is allowed in part to the extent indicated above.
It is made clear that the enhanced compensation shall not carry any interest.
The amount in deposit, if any, is directed to be transferred to the MACT.
Sd/-
ACTING CHIEF JUSTICE bkv