IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MFA No.279 OF 2016 BETWEEN SUDHAKAR NAIK, S/O LATE KUSTA NAIK, AGED ABOUT 31 YEARS, R/O SONI, SIDDAPURA VILLAGE, KUNDAPURA TALUK, PIN CODE-576 102.
(BY SRI. GURURAJA SHETTY.K, ADV., ) ... APPELLANT AND 1. SHANTHARAMA SHETTY, S/O RAMANNA SHETTY, AGED ABOUT 55 YEARS, R/AT SAMPIGEDI, ULLOOR-74 VILLAGE, KUNDAPURA TALUK.
PIN CODE: 576 102.
2. THE NATIONAL INSURANCE COMPANY LTD., KUNDAPURA, REP BY ITS DIVISIONAL MANAGER, PIN CODE: 576 102.
... RESPONDENTS (BY SRI. B. C. SEETHARAMA RAO, ADV., FOR R2;
R1-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.10.2015 PASSED IN MVC NO.109/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel for the appellant and the learned counsel for the second respondent-insurer, perused the records.
2. The injured-claimant has preferred this appeal, being not satisfied with the quantum determined at Rs.4,11,900/- vide judgment and award dated 05.10.2015, passed by the Senior Civil Judge and Additional MACT, Kundapura in MVC No.109/2014, seeking enhancement of compensation.
3. The facts of the case are that on 25.10.2013 at about 8.30 Hrs., when the injured-claimant was riding the motorcycle bearing No.KA-20/U 5971 near Karebailu-Ulloor road, another motorcycle bearing No.KA-20/Q-3248 came in high speed, driven in a rash and negligent manner dashed against him and he sustained grievous injuries.
4. The tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligence of the driver of the offending vehicle and consequently awarded compensation of Rs.4,11,900/- with interest at 6% per annum from the date of petition till the date of realization.
5. The learned counsel for the appellant vehemently submitted that the compensation awarded by the Tribunal is on lower side and prays for enhancement of the compensation.
6. Per contra, the learned counsel appearing for the respondents submitted that the tribunal, on appreciation of the evidence and material on record has rightly awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal.
7. On perusal of the records, it is seen that as per the wound certificate (Ex.P4), treatment certificate (Ex.P9) and Disability Certificate (Ex.P10), the claimant sustained head injury and also facial bone fracture. He has undergone reduction and fixation of ACJ dislocation. According to Dr. Monappa Naik (PW.2), the claimant sustained 6% disability to the right upper limb. Admittedly, he took treatment from 25.10.2013 to 15.11.2013 for about 20 days. Having regard to the nature of injuries, period of treatment and consequential disability, we are of the considered opinion that the interest of justice would be met if global compensation of Rs.50,000/- is awarded in addition to the amount awarded by the Tribunal.
8. Accordingly, the appeal is allowed in part. In modification of the impugned judgment and award dated 05.10.2015, passed by the Senior Civil Judge and Additional MACT, Kundapura in MVC No.109/2014, the compensation payable to the claimant is enhanced from Rs.4,11,900/- to Rs.4,61,900/- The enhanced compensation would come to Rs.50,000/-. However, the impugned judgment and award, in so far as it relates to the rate of interest, liability and deposit is concerned, the same remains unaltered.
There shall be no order as to the costs. Office to draw the decree accordingly.
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ACTING CHIEF JUSTICE Np/-
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