IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.316/2019(MV) BETWEEN:
UMESHA S/O BASAVARAJU AGED ABOUT 29 YEARS, R/AT SHIVASAGARA , SINGAPURA POST, ALUR TALUK HASSAN DISTRICT PRESENTLY RESIDING AT HENTAGEREKOPPALU ROAD, NEAR PRE UNIVERSITY COLLEGE, PETE ARKALGUD ARKALGUDU TALUK HASSAN DISTRICT – 573102 ..APPELLANT (BY SRI SANCHAN JAI NANDAN, ADVOCATE) AND:
1 . VASANTHAKUMAR S/O SHANTHAPPA AGED ABOUT 52 YEARS, BESURU VILLAGE, KODALIPETE HOBLI, SOMWARPETE TALUK KODAGU DISTRICT - 571231 2 . THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., E - 8, RICO INDUSTRIAL AREA, SITAPURU, JAIPURA RAJASTAN – 302022 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2017 PASSED IN MVC NO.923/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeal is listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 is allowed. Delay of 313 days in filing the appeal is condoned. The matter is taken up for final disposal.
Appeal is directed against the Judgment and award dated 28.11.2017 passed in MVC No.923/2015 by the Senior Civil Judge and MACT, Arkalgud, wherein claim petition came to be allowed in part and an amount of Rs.3,86,300/- with interest at the rate of 6% p.a. from the date of petition till the deposit came to be granted to the petitioner. Being not satisfied with the quantum of compensation, petitioner has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The details of the accident that occurred on 23.02.2015 at about 6.00 p.m. when the petitioner was proceeding from Shivasagara Village to his uncle’s house at Shanivarasanthe in motor bike bearing registration No.KA-13/X-708 in front of house of Handli Basappa, the driver of tipper vehicle bearing registration No.KA-12/B-0041 drove the same in a rash and negligent manner from Shanivarasanthe side and dashed against the petitioner and caused the accident because of which petitioner fell down and sustained injuries and undergone medical treatment including surgery and installation of rod. It is stated that petitioner has spent Rs.5,00,000/-for medical treatment.
4. Petitioner is stated to be an agriculturist and mason and doing business and earning Rs.25,000/- per month. The injuries sustained by the petitioner are:
1. Both bone # right leg 2. CLW of 2 cm over the chin 3. C/o pain over the right forearm Ortho opinion -1.# Rt. Tibia and fibula 2.# Rt. Radius and ulna 5. The learned Member has granted compensation as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and agony Rs. 50,000/-
2. Medical expenses Rs. 83,500/-
3. Food, conveyance and attendant charges
4. Loss of future income due Rs. 4,000/- Rs.1,93,800/-
6. Learned counsel for appellant would submit that the income of injured has been considered at the lower side.
7. The doctor PW-2 has assessed permanent disability at 33% to right leg and 25% permanent disability to right hand. Tribunal has considered disability at 19% to the whole body.
8. Learned counsel for appellant would submit that the income is not properly considered and that the claimant would suffer irreparable loss and hardship for no fault.
I find the compensation granted by the learned Member is fair and just. There is no necessity to proceed ahead. Appeal is liable to be rejected at this stage itself.
Appeal is rejected.
Sd/- JUDGE SBN