IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.356/2019(MV) BETWEEN:
SMT. VARADAMMA W/O RANGANATHA AGED ABOUT 28 YEARS COOLIE AND HOUSE HOLD WORK R/O BAGGANADU VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT. ...APPELLANT (BY SMT. VIJAYA M N, ADVOCATE) AND:
1 . S. LAKSHMANAN MAJOR, OWNER OF LORRY BEARING REG No.KA-01-AF-1551 #18, 52TH MAIN ROAD CHAMRAJAPET BANGALORE-560 001.
2 . THE DIVISIONAL MANAGER NATIONAL INSURANCE CO., LTD., BRANCH OFFICE J M TOWERS BUILDING P B ROAD, CHITRADURGA. …RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV AGAINST THE JUDGMENT AND AWARD DATED 01.12.2018 PASSED IN MVC No.437/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HIRIYUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appeal is directed against the judgment and award dated 01/12/2018 passed in MVC No.437/2017 by the learned Senior Civil Judge and Additional MACT, Hiriyur.
2. The petition is by the claimant one Smt.
Varadamma, wherein, the learned Member has granted the compensation of Rs.10,000/- together with interest at the rate of 7.5% p.a. from the date of petition till its realisation.
3. The details of accident that gave raise for initiating the proceeding is culled out from the orders passed by the learned Member, as under:
It is the case of the petitioner that on 14.6.2014 at about 12.10 p.m. petitioner along with her husband wee standing at the bus stop at J.G.Halli, waiting for the bus to go to their relative place. At that time, the driver of Lorry bearing No.KA.01.AF.1551 came from Bangalore side in rash and negligent manner and dashed against the backside of vehicle No.KA.03.TTR.2014-2015, as a result, the mini vehicle moved front and dashed to the petitioner. Because of which she sustained injuries and took treatment at Government Hospital, Hiriyur and was inpatient for two months and incurred Rs.20,000/-twoards medical expenses and claims compensation of Rs.1,00,000/-.
4. The learned Member adjudicated the matter considering the oral evidence of claimant who was examined as PW1 and relevant documents produced, awarded the global compensation of Rs.10,000/- together with interest. The same is challenged in this appeal by the petitioner and seeks for enhancement.
5. The petitioner has sustained abrasion and tenderness on right foot as per Ex.P3-Wound certificate. Petitioenr is stated to be Varadamma and doing coolie and household work. The learned member has awarded global compensation of Rs.10,000/-. In the totality of the circumstances and considering the accident and nature of injuries sustained by the petitioner as stated above, the global compensation of Rs.10,000/-granted by the learned Member appears to be fair and just and it does not call for interference by this Court to enhance the same. Hence, the appeal is liable to be rejected at threshold and accordingly, it is rejected.
tsn* Sd/- JUDGE