IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.1973 OF 2018 (MV) BETWEEN:
SRI.VINAY S/O MR.VASU AGED ABOUT 22 YEARS, R/AT RODRIGES BUILDING NEW EXTENSION MADIKERI KODAGU DISTRICT – 571 201 ...APPELLANT (BY SRI. PRASANNA V R, ADV.) AND:
1. SRI A.V.RAKESH S/O VENKATASWAMY V C AGED ABOUT 27 YEARS, R/AT D NO.724, CHOWDAMMA MAHAL TEACHER’S COLONY HOSA BADAVANE MADDUR TOWN MANDYA DISTRICT - 571 428 2. SRI.B R MAHENDRA S/O RAMADEVAIAH AGED ABOUT 32 YEARS, R/AT BUDAGUPPA VILLAGE, HALURU POST, MADDUR MANDYA DISTRICT-571 428 3. THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED BEHIND LABOUR OFFICE AKSHAY BHANDAR KUVEMPU NAGAR MYSURU-570 023 4. MR.MACHAIAH @ JEEVATH S/O FATHER’S NAME NOT KNOWN AGED ABOUT 47 YEARS, R/AT HODDUR VILLAGE, BALAMURI POST, MADIKERI TALUK KODAGU – 5 71 201 5. THE MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LIMITED LEELA BUSINESS PARK, 6TH FLOOR, ANDHERI KURLA ROAD, MUMBAI - 400 059 ...RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R3; SRI.H.S.LINGARAJU, ADV. FOR R5;
NOTICE TO R2 IS DISPENSED WITH V/O DTD:28.03.2019; R1 & R4 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.06.2017 PASSED IN MVC NO.157/2016 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT JUDGE AND MACT, KODAGU, MADIKERI, 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:
J U D G M E N T There is a delay of 133 days is filing this appeal. The learned counsel for the appellant has filed IA.I of 2018 seeking to condone the delay. Accepting the cause shown in the affidavit filed in support of the application, IA.I of 2018 is allowed. Delay of 133 days caused in filing is condoned. Memo has been filed seeking dispensation of notice to the second respondent. Memo is taken on record. Notice to Respondent No.2 is dispensed with.
2. For the injuries suffered in the Road Traffic Accident that took place on 27th February 2016 the injured made claim petition before the I Additional District Judge and Motor Accident Claims Tribunal, Kodagu. The Tribunal, by its judgment and award dated 17th June 2017 passed in MVC No.157 of 2016 awarded compensation of Rs.11,65,200/- with interest and 9% per annum.
3. The learned counsel for the appellant submits that the appellant apart from the fact that he was a Hockey player he was also good at studies. Because of the accident, he has lost one academic year. The appellant had represented Mangalore University in the inter-University National level tournaments and had participated in many tournaments. He has to his credit as many as 58 certificates of Merit. He also had a bright chance of getting appointment under Sports quota in Public or Private Sector organisations. This unfortunate incident has taken toll on his future. Hence, he seeks to enhance the compensation suitably.
4. Per contra, the learned counsel appearing for the respondent-Insurer submits that the compensation awarded by the Tribunal is just and proper and based on the oral and documentary evidence produced before it. Hence there is no scope for enhancement. Accordingly, he submits to dismiss the appeal.
5. Heard the learned counsel for the parties and gone through the judgment and award passed by the Tribunal. The Tribunal in the course of its judgment has considered all the aspects and also considering the fact that the injured was a student at the time of accident has taken the notional income and has awarded reasonable compensation under the head loss of earning on account of permanent disability. It has also awarded Rs.50,000/- towards future medical expenses as per the evidence of the Doctor. The Tribunal has also awarded compensation of Rs.50,000/- each towards loss of amenities and towards loss of marriage prospects. The Tribunal has also awarded compensation of Rs.25,000/- towards loss of one academic year. In that view of the matter, I am of the opinion that the compensation awarded by the Tribunal is sound and proper. Be that as it may, considering the age of the appellant and the fact that the accident in question has put his bright future of becoming a good sportsman and securing employment in any of the public or private sector organisations under the Sports quota to a stand still, I am of the considered opinion that awarding another sum of Rs.1,00,000/- globally would meet the ends of justice. Accordingly it is awarded. It is made clear that the enhanced compensation does not carry any interest. Apportionment of the enhanced amount shall be as per the award of the Tribunal.
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ACTING CHIEF JUSTICE lnn