IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT MISCELLANEOUS FIRST APPEAL No.867 OF 2014 (MV I) BETWEEN:
Prakash, S/o late Narasimhaiah, Aged about 24 years, Residing at No.27, 6th Main Road, 6th Cross, NGEF Layout, Bande Colony, N.S.Halli, Bangalore. ... Appellant (By Sri Mahesh Shetty, Advocate) AND:
1. The United India Insurance Co. Ltd., Divisional Office – 5, No.143/144, CKN Chambers, 1st Floor, 1st Main Road, Sheshadripuram, Bangalore- 560020.
2. Mr.Ranganath S, S/o Siddappa, Major, No.268, NGEF Layout, 5th Main, Boopasandra, Bangalore – 560094. ... Respondents (By Sri S Srishaila, Advocate for R1, R2 Notice Dispensed with v/o dt:05.02.2015) This Miscellaneous First Appeal is filed Under Section 173(1) of MV Act Against the judgment and award dated 15.07.2013 passed in MVC No.4848/2011 on the file of the Chief Judge, Court of Small Causes, Member, Principal Mact, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Admission this day, the Court delivered the following:-
JUDGMENT The claimant-appellant is before this Court being not satisfied with the quantum of compensation awarded under impugned judgment and award dated 15.07.2013 passed in MVC No.4848/2011 on the file of Member, Prl.MACT and Chief Judge, Court of Small Causes at Bengaluru.
2. The claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1989, claiming compensation for the injuries sustained by him in a road traffic accident occurred on 08.05.2011. It is stated that when the petitioner was traveling as pillion rider in a motorcycle bearing Reg.No.KA-04-HE-6257, the rider of the motorcycle lost control and dashed against the motorcycle bearing Reg.No.KA-43-J-6861. Due to the impact, the claimant fell down and suffered grievous injuries. It is stated that the claimant suffered fracture of right zygematic maxillary complex with right periotial edema abrasion over right cheek present, fracture of angle of right mandible, a cut lacerated wound on upper lip 3 X 2 cms, a cut lacerated wound on right measuring 4 X 1 cms and injuries to other parts of the body. It is also stated that he was inpatient for five (05) days for taking treatment at M.S.Ramaiah Hospital, Bengaluru.
3. The respondent-Insurance Company appeared before the Tribunal and filed its counter statement denying the petition averments. It is also contended that the rider of the motorcycle had no valid driving licence to drive the vehicle.
4. The claimant examined himself as P.W.1 and got marked 12 documents and also examined the Doctor as P.W.2. On behalf of the respondent, the policy of the vehicle was marked as Ex.R1.
5. The Tribunal based on the material placed on record, awarded total compensation of Rs.52,520/- on the following heads:
Sl.No. Head of Compensation Amount/Rs
6. The claimant, not being satisfied with the compensation awarded by the Tribunal, is before this Court in this appeal.
7. Heard the learned counsel for the appellant and learned counsel for respondent No.1.
8. Learned counsel for the appellant would submit that looking to the injuries suffered by the claimant-appellant, the compensation awarded by the Tribunal is on the lower side. He submits that claimant was inpatient for five days and has suffered four injuries.
9. Per contra, learned counsel for respondent- Insurance Company submits that the compensation awarded by the Tribunal is just and proper and needs no interference.
10. The accident is of the year 2011, the claimant is a Coolie. Claimant has sustained fracture of right zygematic maxillary complex with right periotial edema abrasion over right cheek present, fracture of angle of right mandible, a cut lacerated wound on upper lip 3 X 2 cms, a cut lacerated wound on right measuring 4 X 1 cms and injuries to other parts of the body.
Looking to the injuries suffered by the claimant and as the claimant was inpatient for five days, I am of the view that the compensation awarded by the Tribunal on various heads is on the lower side.
11. Looking to the injuries suffered, the claimant would be out of employment for minimum of one month. As he was inpatient for five days, the attendant expenses and traveling expenses awarded is also on the lower side. Hence, I deem it appropriate to award a sum of Rs.20,000/- as global enhanced compensation to the appellant.
12. Accordingly, the appeal is allowed in part.
The appellant is be entitled for enhanced compensation of Rs.20,000/- in addition to Rs.52,520/- awarded by the Tribunal, with interest at the rate of 6% p.a. as awarded by the Tribunal.
Sd/- JUDGE BSR