IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.3276 OF 2013 (MV) BETWEEN:
SRI.WASIM @ SHAIK VASIMULLA S/O TAJ PEER AGED ABOUT 28 YEARS R/O SAYEEDA MOHALLA PWD ROAD, CHANNAGIRI DAVANAGERE DIST ... APPELLANT (BY SRI.V.S.RAVINDRA HOLLA, ADV.) AND:
1. B.C.SUHAS S/O. CHIDANANDAREDDY AGED ABOUT 42 YEARS S.R.E. TRAVELS HEAD POST OFFICE ROAD, CHITRADURGA (OWNER OF THE BUS BEARING REG. NO.KA-16-A-5963) 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD ., SHASHI KIRAN BUILDING, 1ST FLOOR, OPP. OM GANESH TRACTORS SHANKAR MATH ROAD, SHIMOGA - 577 201 COVER NOTE NO.70061464 POLICY NO.73056500 VALID FROM 16-06-2010 TO 15-06-2011 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTED: 20.07.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.10.2012 PASSED IN MVC NO.601/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-11, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The claimant who suffered road traffic accident on 25th January 2011 made a claim petition seeking compensation of Rs.10,00,000/- with 12% interest per annum. The Tribunal awarded compensation of Rs.1,34,900/-. Against the same this appeal is preferred.
2. The submission of the learned counsel for the appellant is that out of medical bills Exhibit P38 to P113, Exhibits P50 and Exhibits P50, P106 to P113 are found to be disbelieved. The Tribunal held that the claimants are entitled for compensation of Rs.1,46,912/- and even that also has not been awarded and what has been awarded is only Rs.70,000/-. Hence, the learned counsel for the appellant submits that when the Tribunal had arrived at a conclusion that the claimant is entitled for Rs.1,46,912/- the same could have been awarded and further deduction is impermissible. The learned counsel further submits that the compensation awarded under other heads is also on the lower side.
3. The learned counsel for the respondent supports the order and submits to dismiss the appeal.
4. I have gone through the papers made available and the order passed by the Tribunal. I find some force in the submission of the learned counsel for the appellant. As per the wound certificate Exhibit P4, it discloses that the claimant has suffered deformity, swelling of left thigh; tender, creptus and abnormal mobility in right pox third thigh left; decrease range of movement and painful in left hip and knee joint; x-ray left thigh subtrochantric fracture with displacement; diagnosis- subtrochntric fracture with displacement ltr. The same are grievous in nature. Considering the injuries sustained, I am of the opinion that the appellant is entitled for more compensation. As per the evidence of PW2 who is not a treated doctor examined the claimant later has opined that decrease ROM of Lt.ho (0.90 deg,) left knee (0-10 deg.) and movement painful; inability to sit cross legged squat, run, walk for long distance, ride vehicle; tender creptation over left knee and hip; x-ray left thigh-healed fracture with implant (long PFN in situ); diagnosis lt hip and knee osteoarthritis, healed fracture with implant (long PFN in situ). Upon considering the medical bills when the Tribunal has observed that the claimants are entitled for Rs.1,46,912/- the said amount should have been awarded. Accordingly another Rs.70,000/- is awarded under the head Medical Bills. Considering the nature of injuries undergone by the appellant and also taking note of the age of the appellant as also considering the fact that the trauma and agony to be undergone by the appellant for the rest of his life, I am of the considered opinion that awarding a global compensation of Rs.3,00,000/- would meet the ends of justice. Accordingly it is ordered. The enhanced amount carries interest at the rate as is awarded by the Tribunal.
lnn Sd/-
ACTING CHIEF JUSTICE