IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.417/2019(MV) BETWEEN:
Sri. Veerabhadra K, S/o Kariyappa Aged about 54 years, R/at No.139, 6th Cross, 3rd “B’ Main, T.G. Layout, Ittamadu, BSK 3rd State, Bengaluru 560 085 ...Appellant (By Sri. K.P. Bhuvan, Advocate) AND:
1. The Proprietor, Parmar Silk Creations, No.3/2, No.70/1, 1st Floor, Shastri Building, Bettappa Lane, Nagarpet, Bengaluru -02 2. Bajaj Allianz General Insurance Co. Limited, Golden Heights, 4th Floor, No.1/2, 59th Cross, 4th ‘A’ Block, Rajajinagar, Bengaluru 560 010 Represented by its Manager, …Respondents This MFA is filed u/S 173 (1) of MV Act, against the judgment and award dated 23/08/2018 passed in MVC No.229/2018, on the file of the Member, MACT, XVIII, Addl. Judge, Court of Small Causes, Bengaluru, (SCCH-4) 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 The appeal is directed against the judgment and award dated 23-08-2018 passed in MVC No.229/2015 by the learned Member, Motor Vehicles Accident Claims Tribunal and XVIII Addl. Civil Judge, Court of Small Causes (SCCH-4) Bengaluru City.
2. The appellant herein is the petitioner being not satisfied with the quantum of compensation awarded by the Tribunal, has preferred this appeal.
3. In order to avoid confusion and overlapping, parties hereinafter are referred to with reference to their rankings as it stood before the Tribunal.
4. The details of the claim petition are as under:
On 20.12.2017 at about 10.40 p.m. the petitioner was riding motor cycle bearing registration No.KA-05-EV- 0196 slowly by observing all traffic rules, at that time the rider of the scooter bearing registration No KA-01-HE-8893 came in a rash and negligent manner without following traffic rules on the wrong side in opposite direction and dashed to the petitioner. Due to the impact, the petitioner sustained severe injuries and the motor cycle has also got damaged.
5. Respondents contested the claim petition.
6. The learned Member adjudicated the matter after considering the evidence of the claimant, who was examined as PW1 and relevant documents produced, partly allowed the claim petition and awarded global compensation of Rs.80,000/- together with interest at the rate of 6% per annum. The same is challenged in this appeal by the appellant/petitioner seeking enhancement of compensation.
7. It is seen that the appellant/petitioner has sustained avulsion laceration over anterior aspect of left mid foot extending ankle nerves as per Ex.P-9, discharge summary.
8. Sri. K.P. Bhuvan, learned counsel for the appellant submits that the appellant is a collie and he is deprived of coolie work on account of the injuries sustained. On going through the judgment, I find that the injury has not caused any disability for future earning capacity.
In the circumstances, an amount of Rs.80,000/- granted by the learned Member in the form of global compensation, appears to be fair, just and proper. There is no necessity for further proceeding in this case and it does not call for interference by this Court to enhance the compensation granted by the Tribunal. Hence, the appeal is liable to be rejected and accordingly, it is rejected.
psg* Sd/- JUDGE