IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.2560/2019(MV) BETWEEN:
V SHIVANNA S/O VEERABHADRAPPA AGED ABOUT 34 YEARS AGRICULTURIST AND WATCH MEN R/O BOMBERAHALLY, CHALLAKERE TALUK NOW R/O. C/O H C MANJUNATHA 1ST MAIN, NEAR JANASAGARA PRINTING PRESS, C K PURA CHITRADURGA – 577 501. ..APPELLANT (BY SRI SPOORTHY HEGDE NAGARAJA, ADVOCATE) AND:
1.ORIENTAL INSURANCE CO. LTD., REP. BY ITS BRANCH MANAGER OPPOSITE KSRTC BUS STAND DAVANAGERE ROAD CHITRADURGA – 577 501.
2.H SIDDESH S/O GANGAPPA MAJOR, OWNER OF CAR No.34-N-8550 R/O INDIRANAGAR, KOLAGALLU ROAD, 31ST WARD BELLARY – 583 101. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.10.2018 PASSED IN MVC No.557/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHITRADURGA, 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 Appeal is directed against the Judgment and award dated 01.10.2018 passed in MVC No.557/2017 by the Principal Senior Civil Judge and CJM, Chitradurga, wherein the appellant seeks enhancement of compensation.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The case is at the preliminary stage. MVC proceedings came to be initiated against the insurance company due to road accident dated 26.03.2017 at about 9.30 P.M., when the petitioner was riding motorcycle bearing registration No.KA-41-X-1048 from Challakere Adaviramajogihally. Meanwhile the driver of the motor car bearing registration No.KA-34- N-8559 came in a rash and negligent manner and dashed against the motorcycle because of which claimant sustained serious injuries and incurred medical expenditure of Rs.3,00,000/-.
4. Learned Member considering the injuries sustained by claimant has granted compensation as under:
SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 25,000/-
2. Medical expenses Rs. 66,358/-
3. Conveyance, attendant and transportation charges Rs. 6,000/-
4. Under disability head Rs. 20,000/-
5. Loss of amenities and unhappiness Rs. 20,000/-
6. Loss of income during laid down period Rs. 9,000/-
Total Rs.1,46,358/-
5. Learned counsel submits that the claimant has sustained serious injuries over the face and head and percentage of disability is not mentioned. Hence, prays for enhancement of compensation.
6. In the overall context and circumstances of the case I find the amount of Rs.1,46,358/- granted by the Tribunal even considering as global compensation is just and fair. There is no necessity of proceeding further in the appeal. Accordingly appeal is rejected at the preliminary stage.
Sd/- JUDGE SBN