IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MFA NO.1852 OF 2018 (MV) BETWEEN MR. VISWANATHA, AGED ABOUT 50 YEARS, R/AT NEAR SDM PRIMARY SCHOOL UJIRE, BELTHANGADY TALUK, D.K. DISTRICT.
... APPELLANT (BY SRI.YATHISH SHETTY P., ADVOCATE) AND 1. SATISH KAMATH, AGED ABOUT 56 YEARS, S/O. K. MANJUNATH KAMATH, R/AT NEAR PETROL BUNK, MAIN ROAD, UJIRE, BELTHANGADY TALUK, D.K. DISTRICT.
2. THE NATIONAL INSURANCE COMPANY LIMITED, SREE KSHETRA DHARMASTALA COMPLEX, MAIN ROAD, PUTTUR, DK DISTRICT.
REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS (BY SRI. M. NARAYANAPPA, ADVOCATE FOR R2; R1-SERVED) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.11.2016 PASSED IN MVC NO.115/2016 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND MACT, BELTHANGADY, 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 Though this appeal is listed for admission, the same is taken up for final disposal with the consent of learned counsel on both sides.
I have heard the learned counsel appearing for the appellant and the learned counsel for respondent No.2-Insurance Company.
The injured-claimant has preferred this appeal seeking enhancement of compensation. The Tribunal has awarded a total compensation of Rs.98,533/- with interest at 6% per annum, to the appellant-claimant for the injuries sustained by him in a road traffic accident.
2. The facts of the case in brief are that on 23.08.2015 at about 7.15 p.m. while the appellant was proceeding on his motor cycle bearing registration No.KA-21-U-5504 from Ujire towards his house and when he came near SDM Primary School, Ujire, at that time, a pick up vehicle bearing registration No.KA-21- 6511, which was driven by its driver in a rash and negligent manner came from Belthangady side and dashed against the motor cycle of the appellant, on account of which, he sustained injuries.
3. Seeking enhancement of compensation, the learned counsel for the appellant contended that the appellant has suffered a fracture of left tibia and he has undergone surgery, wherein implants were inserted and he was an inpatient for five days in the hospital. He submits that the appellant is an electrician by profession and he was earning a sum of Rs.15,000/- per month. He has lost the income considerably due to the accidental injuries suffered by him and therefore, he submits that the total compensation awarded by the Tribunal is on the lower side and seeks to enhance the compensation.
4. Per contra, the learned counsel appearing for respondent No.2-Insurance Company justifies the impugned judgment and award passed by the Tribunal and seeks to dismiss the appeal.
5. The accident in question involving the pick up van bearing registration No.KA-21-6511 and the appellant sustaining injuries and the said vehicle being insured with respondent No.2 at the time of accident is not disputed.
6. According to the appellant, he was an electrician by profession earning a sum of Rs.15,000/- per month and due to the accidental injuries, he has been unable to carry out his profession and there was considerable loss of income.
7. The accident occurred on 23.08.2015.
According to the discharge summary marked at Ex.P-5, the appellant was an inpatient from 24.08.2015 to 28.08.2015. The medical evidence goes to show that he was operated for Tibia IMIL for left tibia Shaft fracture and left tibial fracture Intramedullary interlocking nailing (IMIL) on 25.08.2015. The estimated cost of hospitalization and surgery namely removal of implants etc., was Rs.30,000 to 35,000/- as assessed by the doctor. It is also stated that on account of the accident, he sustained the following injuries :
1) 2 cm lacerated wound over lateral aspect of distal leg 2) Swelling and deformity present 3) Abnormal Mobility present 4) Overlying skin is tense It is noticed that as per Ex.P-3 – the Wound certificate, the appellant had suffered Tibia mid shaft type I open fracture”.
8. Considering the aforesaid evidence and material on record, the compensation awarded under the head pain and suffering is enhanced from Rs.25,000/- to Rs.40,000/-.
9. The compensation awarded towards unhappiness and loss of amenities is enhanced from Rs.10,000/- to Rs.30,000/-. The compensation awarded towards loss of income during treatment period is enhanced from Rs.21,000/- to Rs.30,000/-. A sum of Rs.5,000/- is awarded towards conveyance, food and nourishment and attendant charges. The compensation of Rs.7,532.85 awarded towards medical expenses and Rs.35,000/- awarded towards future medical expenses is unaltered. Therefore, the appellant is entitled for an additional compensation of Rs.49,000/- in addition to what has been awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part.
The judgment and award dated 22.11.2016 passed by the Prl. Senior Civil Judge and MACT, Belthangady, in MVC No.115/2016 is hereby modified.
The appellant-claimant is entitled for an additional compensation of Rs.49,000/- in addition to Rs.98,533/- awarded by the Tribunal.
The enhanced compensation shall carry interest at 6% per annum from the date of petition till its realization.
Respondent No.2-Insurance Company is directed to deposit the entire amount within four weeks from the date of the receipt of copy of this judgment.
Sd/- JUDGE snc