IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO.3359/2016 (MV) BETWEEN:
SUNIL S/O. SUNDAR MURTHY. A AGED ABOUT 27 YEARS R/AT #356, 9TH CROSS, 4TH MAIN, K.R. ROAD SHANTHINAGAR BENGALURU-560 028. ... APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND 1. THE NEW INDIA ASSURANCE CO. LTD. MOTOR T.P. HUB, II FLOOR MAHALAXMI CHAMBERS #9/2, M.G.ROAD BENGALURU REP BY ITS MANAGER 2. C.K. SRINIVAS MAJOR S/O C. KRISHNA MURTHY NO.364, 21ST CROSS 1ST & 3RD BLOCK EAST JAYANAGAR, BENGALURU-560 011.
3. S.VISHWANATHAN MAJOR NO.1, SUBBARAMACHETTY ROAD BASAVANAGUDI BENGALURU-560 004. ... RESPONDENTS (BY SRI S.V. HEGDE MULKHAND FOR R1 NOTICE TO R2 AND R3 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.02.2016 PASSED IN MVC NO.5576/14 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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:
JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 12.02.2016 passed by III Additional Senior Civil Judge and MACT, Court of Small Causes, Bengaluru in MVC No.5576/2014, whereby the Tribunal has granted compensation of `32,000/- with 9% interest per annum.
2. On 24.09.2014 at about 4.30 p.m, the claimant was proceeding as a pillion rider in Honda Activa bearing registration No.KA-05-JC-6946 along with his friend Sri.Nandan Gowda. When they reached near Banashankari 2nd Stage, Bengaluru, at that time, the driver of the car, bearing registration No.KA-05-MF-711, drove the same in a rash and negligent manner and dashed to the petitioner’s motorcycle. Due to the said impact, the claimant and his friend were fell down on the road along with Honda Activa and sustained grievous injuries. Immediately, the claimant was shifted to Sevakshetra Hospital, Bengaluru, wherein, he has taken treatment as an outpatient and thereafter, he was shifted to Excelcare Hospital and thereafter, he was shifted to Maharaja Agrasen Hospital, wherein he has taken treatment as an inpatient and underwent surgery. Immediately after recovery from the injuries, he has filed application before the Tribunal in MVC No. 5576/2014.
3. To establish his case, he has examined two witnesses and marked 16 documents. On the other hand, Insurance Company has examined one witness and marked 5 documents. On appreciation of oral and documentary evidence, the Tribunal has granted compensation of `32,000/- with 9% interest per annum. Being aggrieved by the same, the appellant has filed this appeal for enhancement of compensation.
4. Sri. Girimallaiah, learned counsel appearing for the appellant has submitted that due to the accident the appellant has sustained grievous injuries. He was shifted to Excelcare hospital and thereafter he was shifted to Maharaja Agrasen Hospital where he has taken treatment as inpatient and underwent surgery. To prove the same, he has examined Dr.Roshan Kumar as PW2 and he has produced medical bills at Ex-P12. The Tribunal without considering this aspect of the matter, has not granted any compensation for ‘medical expenses’ which was spent by the appellant. Hence, he sought for enhancement of the compensation.
5. Per contra, learned counsel for the Insurance Company has submitted that immediately after the accident the appellant has been shifted to Sevakshetra Hospital, Bengaluru, where he has taken the treatment as out patient. Thereafter, he was shifted to Excelcare Hospital. After two months, he has taken treatment at Maharaja Agrasen Hospital as inpatient. He has not proved that the injuries which have been treated in Maharaja Agrasen Hospital were due to the accident which has occurred on 24.09.2012. Thereafter, the Tribunal after considering all these aspects has rightly rejected the claim of the appellant for ‘Medical Expenses’. Hence, he sought for dismissal of the appeal.
6. Heard the learned counsel for the parties and perused the records.
7. It is not in dispute that on 24.09.2014, the claimant has suffered grievous injuries due to rash and negligent driving of driver of the car bearing registration No. KA-05-MF-711. Immediately after that accident, he has been shifted to Sevakshetra Hospital, Bengaluru where he has taken treatment as out patient. Thereafterwards, he was shifted to Excelcare Hospital. After taking the treatment for sometime, he has taken the treatment as inpatient in Maharaja Agrasen Hospital. To prove the same, he has examined Dr.Roshan Kumar as PW-2. In his statement, he has specifically stated that he has treated the patient and the injuries are related to the accident which has occurred on 24.09.2014. The appellant has also produced the medical bills as Ex.P12. He has spent an amount of `91,271/-. The Tribunal has not properly considered the deposition of Dr.Roshan Kumar – PW2 and medical bills produced by the appellant. The Tribunal has not justified in rejecting the claim of the appellant towards medical expenses.
8. In view of the above, this Court is of the opinion that the claimant has proved that he has spent `91,271/- towards medical expenses to the injury which he has suffered due to the accident that occurred on 24.09.2014. In view of the above, he is entitled for a total compensation of `91,271/- towards medical expenses.
9. Accordingly, after deducting `14,000/- which was already granted by the Tribunal, the claimant is entitled for a sum of `77,271/- (`91,271 – `14,000) towards ‘Medical Expenses’.
10. Accordingly, the appeal is allowed in part.
Judgment and award passed by the Tribunal is modified as above. The Insurance Company is directed to deposit, with the learned Tribunal, the entire compensation amount, along with an interest @ 9% per annum, from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.
Sd/- JUDGE GH