IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.6989 OF 2015 (MV) BETWEEN:
SMT.VIJAYAKUMARI W/O LATE KRISHNAN, AGED ABOUT 60 YEARS, R/AT NO.26, 612/A, 1ST FLOOR, 11TH CROSS, 7TH BLOCK, JAYANAGAR, BENGALURU – 560 011.
PERMANENT ADDRESS VIJAYAKUMARI, 39/3, 1ST BLOCK, T.R.NAGAR, BENGALURU – 560 078. ...APPELLANT (BY SRI A.S.GIRISH, ADVOCATE) AND:
THE MANAGING DIRECTOR BMTC, SHANTINAGAR, DOUBLE ROAD, BENGALURU – 560 027. ...RESPONDENT (BY SRI D.VIJAYKUMAR, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.03.2014 PASSED IN MVC NO.1362/2013 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is preferred by the Claimant seeking enhancement of compensation awarded by the Tribunal wherein a compensation of Rs.3,42,520/- has been awarded for the injuries sustained by her in a road traffic accident.
2. I have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondent.
3. The case of the appellant is that on 26.10.2012 at about 6.30 p.m., while she was standing at 15F Bus-stop in order to go to her house, at that time, a bus bearing No.KA- 01-F-4859 came and stopped near the Bus-stop and before she could get into the said Bus, the driver of the Bus started without getting any signal from the Conductor as a result of which, she fell down and the front wheel of the bus ran over her left leg, causing severe injuries. She was shifted to Sevakshetra Hospital for treatment wherein she took treatment for two days and from there, she was shifted to Bharathi Nursing Home and she was an inpatient from 27.10.2012 to 10.11.2012. Once again, she was admitted to the hospital for skin grafting at Bharathi Nursing Home on 08.12.2012 and discharged on 11.12.2012. It is her further case that on account of the accidental injuries, she has spent more than Rs.3 Lakhs towards medical treatment and a huge amount towards conveyance, nourishment, etc., It is her further case that she was aged about 60 years and working at Coorg Coffee Supplies at Yelachenahalli, Bengaluru and she was getting a salary of Rs.6,000/- per month and due to the disability suffered, she is not in a position to do her normal work.
4. The Tribunal awarded a total compensation of Rs.3,42,520/- with interest at 6% p.a. after considering the oral and documentary evidence on record.
5. The learned counsel on both side submits that after thorough negotiation, they have agreed to settle the claim for a sum of Rs.80,000/- as lump-sum compensation in addition to what has been awarded by the Tribunal as full and final settlement.
6. A memo has been filed signed by both the learned counsels in this regard. The said memo is placed on record.
7. Considering the memo and the submission of the learned counsel on both sides, the appellant is awarded a sum of Rs.80,000/- in addition to what has been awarded by the Tribunal as full and final settlement of the award amount and accordingly, the following order is passed:
ORDER i) The appeal is allowed in part.
ii) The judgment and award dated 05.03.2014 passed by the XIX Additional SCJ and MACT, Bengaluru in M.V.C.No.1362 of 2013 is modified.
iii) The appellant is entitled for an enhanced compensation of Rs.80,000/- in addition to Rs.3,42,520/- awarded by the Tribunal.
iv) The enhanced compensation shall not carry any interest.
Ordered accordingly.
Sd/- JUDGE DH