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 M.F.A. NO.7052 OF 2015 (MV) BETWEEN:
SWAMYGOWDA S/O LATE PUTTAMADEGOWDA AGED 55 YEARS R/O MAHADEVAPURA VILLAGE NOW RESIDING AT KYATHAMGERE VILLAGE, KOTHATHI HOBLI MANDYA TQ – 571 406 ...APPELLANT (BY SRI. SREENIVASAN M Y, ADV.) AND:
1. M.C.JALAJAKSHI W/O A.R.SHIVASHANKAR MAJOR PROP: M/S GAJANANA MOTOR SERVICE, ARAKERE, SRIRANGAPATNA TQ, MANDYA DIST. – 571 439 2. BAJAJ ALLAIANZ GENERAL INSURANCE COMPANY LTD., REP BY THE BRANCH MANAGER NO.363, SHRI.HARI COMPLEX SEETHA VILAS ROAD, MYSORE – 570 016 ...RESPONDENTS (BY SRI.D VIJAY KUMAR, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED V/O DTD:07.1.2016) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:24.06.2014 PASSED IN MVC NO.207/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND MACT, MANDYA, 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:
J U D G M E N T For the injuries suffered in the motor vehicle accident, the appellant made claim petition before the Motor Accident Claims Tribunal, Mandya. The Tribunal, by its judgment and award dated 24th June, 2014 passed in MVC No.207 of 2008 awarded compensation of Rs.1,50,200/- with interest at the rate of 6% per annum from the date of petition till payment. Being aggrieved by the compensation amount, the appellant is before this court in this appeal seeking enhancement.
2. The learned counsel appearing for the appellant submits that the Tribunal has erred in awarding meager compensation. He submits that the compensation awarded under the heads pain and suffering; and loss of amenities is on the lower side. He submits that considering the nature of injury suffered, the Tribunal out to have taken the disability at 20%, but has erred in taking the same at 10%. Hence, the learned counsel seeks to suitably enhance the compensation.
3. The learned counsel appearing for the second respondent-Insurer supports the award of the Tribunal and submits that the compensation awarded by the Tribunal is based on the oral evidence adduced and the documentary materials produced and there is no ground for interference in this appeal. Hence he submits to dismiss the appeal.
4. Heard the learned counsel for the parties and gone through the judgment and award of the Tribunal. The accident is not in dispute and the claimant suffering injuries in the accident is also not in dispute. The impact of the accident is that the appellant suffered lacerated wound with surrounding swelling and tenderness over middle. There was bleeding wound present above occipital region. The CT scan of head shows haemorrhagic contusion over right frontal temporal lobe with sub orch over haemorrhage. The appellant was an inpatient from 18th June to 7th July 2007 and has spent huge money towards treatment. The Doctor has advised that the injured may require another Rs.50,000/- for future medical expenses. It has also come in evidence of PW3 that the petitioner has sustained injures due to fall of wooden block over his head. As the Doctor has deposed that the appellant has sustained severe head injury, I am inclined to take the disability at 20% instead of 10% as taken by the Tribunal. Accordingly, the compensation under the head loss of future income would be as follows: 4,500 x 12 x 13 x 20% comes to Rs.1,40,400/-. The same is awarded as against Rs.70,200/- awarded by the Tribunal. Considering the pain and agony undergone by the appellant and mental shock, I am inclined to award another Rs.30,000/- under the head pain and suffering. Since the Tribunal has not awarded any amount towards loss of amenities, considering the trauma and the discomfort the appellant has to undergo for the rest of his life, I am inclined to award Rs.40,000/- under the head loss of amenities. In total, the enhanced compensation would be Rs.1,40,200/-. The same shall carry interest at the rate of 6% from the date of petition till realization. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn