IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR BETWEEN YOGEESH K N 21 YEARS, MFA.NO.2188/2017 (MV) S/O.NARAYANAPPA, R/O.GURUVADERAHALLI, MADHUGIRI TOWN, TUMAKURU DISTRICT.
...APPELLANT (BY SRI PATEL D KAREGOWDA, ADV.) AND 1. SHOWKATH ULLAH KHAN AGED ABOUT 59 YEARS S/O.LATE HABEEBULLA KHAN, R/O.EXCELLENT ENTERPRISES, GUBBI GATE, B.H.ROAD, TUMAKURU-572101.
2. UNITED INDIA INSURANCE COMPANY LIMITED, NO.143/144, 4TH FLOOR, SRISHANTHI TOWERS, C.N.K. CHAMBERS I FLOOR, 1-A, MAIN ROAD, SESHADRIPURAM, BENGALURU, BY ITS MANAGER.
SERVICE ADDRESS: MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, JAYADEVA COMPLEX, B.H.ROAD, TUMAKURU-572101.
(BY SRI K N SRINIVASA, ADV. FOR R2, NOTICE TO R1 DISPENSED WITH.) RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.01.2017 PASSED IN MVC NO.189/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT 1. Heard the learned Counsel for the appellant and the learned Counsel for the respondent-Insurer.
2. The matter is listed for admission. As the matter involves a short question on the issue of sufficiency of quantum awarded as compensation, with the consent of the learned Counsels, the appeal is taken up for disposal.
3. It is submitted by the learned Counsel for the appellant that the appellant has suffered fracture to the vertebra in the accident that occurred on 04.01.2016 and was an inpatient for a period of six days. It is contended that the Trial Court has awarded a meager sum and has ignored the period of hospitalization which by itself is reflective of the gravity of injuries suffered.
4. The occurrence of the accident and the manner pleaded by the appellant is not disputed. The Trial Court appears to have taken an extremely conservative approach in the matter of assessment of pain and suffering that the appellant has undergone and the pain and agony in view of the fracture and other injuries sustained. Learned Counsel for the respondent would fairly admit the same.
5. In that view of the mater, this Court is of the considered opinion that the appeal could be disposed off by awarding a global sum of Rs.40,000/- as an enhanced compensation over and above the compensation awarded by the Tribunal.
6. Accordingly, this appeal is allowed in part. The compensation awarded by the Tribunal is enhanced to Rs.96,894/- with interest at the rate of 6% per annum from the date of petition till the date of deposit. Office to draw the award accordingly.
Sd/- JUDGE KK CT-HR