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. 9386/2010 (MV) BETWEEN:
SRI YOGENDRA S/O V S RAMESH AGED ABOUT 23 YEARS, R/O ADUVALLY HASSAN CITY, HASSAN (BY SRI NARENDRA GOWDA, ADVOCATE) AND 1.CHANNASHETTY S/O CHANNASHETTY AGED ABOUT 50 YEARS, R/O UDDURAHALLY DUDDA HOBLI, HASSAN TALUK 2.BAJAJ ALLIANZE GENERAL INSURANCE CO. LTD., 1ST FLOOR, LAKSHMI COMPLEX OPP: BSNL BHAVAN, B M ROAD, HASSAN ... APPELLANT ... RESPONDENTS (BY SRI A N KRISHNASWAMY, ADVOCATE FOR R-2; R-1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/02/2010 PASSED IN MVC NO.497/2008 ON THE FILE OF THE PRESIDING OFFICER, ADDITIONAL MACT, FAST TRACK COURT & CIVIL JUDGE (SR.DN.) AT HASSAN, 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 suffered injuries in an accident that occurred on 28.07.2007 at about 2.30 p.m. near ITI College, B.M.Road, Hassan, while he was proceeding with his friend on a motor cycle bearing registration No.KA-05-EU-6378 when the driver of Maxi cab bearing registration No.KA-19/6365 came from the opposite direction rashly and negligently and dashed against the motor cycle.
3. On account of the accident, the appellant sustained injuries to his head, right shoulder and his right femur was fractured. He was aged about 21 years at the time of accident.
4. The Tribunal, having regard to the fact that the appellant was a student, has taken the notional income at Rs.3,000/- per month, percentage of disability at 20% to the whole body and has awarded total compensation of Rs.5,05,000/-. Dissatisfied with the meager amount of compensation awarded by the Tribunal, the appellant has filed this appeal.
5. I have heard learned counsel for the parties and have gone through the papers made available.
6. Though the appellant has stated that he has suffered 45% disability to the whole body, the Tribunal has taken it at 20% in the absence of radiologist report. The appellant was hospitalized for more than 5 months and because of the injuries suffered by him, he has to undergo future medical treatment. It is also stated that there is restriction of movements of right hip and right knee. In these circumstances, if another sum of Rs.1,00,000/- 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