IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.7675 OF 2016 (MV) BETWEEN:
SMT.V.SPOORTHI W/O SRI.ARJUN AGED ABOUT 24 YEARS R/A BHARATHINAGAR K M DODDI, DEVARAHALLI ROAD C A KERE HOBLI MADDUR TALUK MANDYA DISTRICT – 571 401 ... APPELLANT (BY SRI.SHIVARUDRA, ADV.) AND:
1. SRI.SHANKAR S/O LATE KENCHE GOWDA AGED MAJOR R/A NO.237, BORAPURA VILLAGE C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 401 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD., DDPI OFFICE ROAD, MANDYA MANDYA DISTRICT – 571 401 INSURER OF THE VEHICLE MAHIND RA MAXXIMO - PLUS BEARING NO.KA-11-A-6446 ... RESPONDENTS (BY SRI.E.I.SANMATHI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:28.03.2019) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.02.2016 PASSED IN MVC NO.701/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MADDUR, 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:
J U D G M E N T There is a delay of 180 days in filing the appeal. IA.I of 2016 is filed seeking condonation of delay. Accepting the cause shown in the affidavit filed along with the application, IA.I of 2016 allowed. Delay of 180 days caused in filing the appeal is condoned. The learned counsel for the appellant seeks leave of the court for dispensing notice to respondent No.1. Submission is placed on record. Notice to respondent No.1 is dispensed with.
2. For the injuries suffered in the road traffic accident that took place on 02nd September 2014, the appellant herein made claim petition before the Senior Civil Judge and Motor Accident Claims Tribunal, Maddur. The Tribunal, by its judgment and award dated 12th February, 2016 passed in MVC No.701 of 2015 awarded compensation of Rs.1,36,000/- with interest at 7% per annum. Being not satisfied with the compensation awarded, the appellant is before this Court in this appeal seeking enhancement.
3. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the Tribunal has not awarded any compensation towards loss of earnings during treatment period and towards loss of future earnings. Hence, he prays for allowing the appeal by suitably enhancing the compensation.
4. The learned counsel for the respondent-insurer supports the award of the Tribunal. He submits that the Tribunal has awarded the compensation based on the oral and documentary evidence placed before it, and hence, there is no scope for interference in this appeal.
5. Heard the learned counsel for the parties and gone through the judgment of the Tribunal. The accident is not in dispute. In the accident the claimant has suffered fracture shaft of left femur which is a grievous injury to which the appellant underwent surgery. She was inpatient from 02nd to 17th September, 2014. She also took treatment in Government Hospital Maddur, MIMS Hospital, Mandya and at NIMHANS Bangalore. The claim of the claimant in the claim petition was that she was earning Rs.17,000/- per month and now because of the injury suffered, she has lost her income. It is also seen from the order that the Tribunal has not awarded any compensation towards loss of earning during the laid up period as also the loss of future earnings. Be that as it may, in the facts and circumstances of the case and also considering the age of the appellant and the fact that the Tribunal has not awarded any amount towards loss of future earnings and under the head loss of income during the laid up period, I am inclined to award global a sum of Rs.1,00,000/-. It is made clear that the enhanced compensation does not carry any interest.
In the result, appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn