IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 19 TH DAY OF OCTOBER 2012 BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH BETWEEN M.F.A. No.9258 OF 2009(MV) SRI KUMARA S/O N NANJEGOWDA AGED 27 YEARS, R/A BOLEGOWDANA HUNDI VILLAGE, KALKINI POST, T N PURA TALUK, MYSORE DISTRICT, NOW R/O C/O SOMASHEKARAIAH NO.2600, 2 ND CROSS, RANGANATHA NAGARA, SRIRANGAPATNA TOWN, MANDYA DISTRICT.... APPELLANT (By Sri G M ANANDA & Smt ASHA B L, Advs.) AND 1. T H SRINIVASA S/O HOMBEGOWDA MAJOR NO.162-1, THOREKADANAHALLI MALAVALLI TALUK, MANDYA DISTRICT.

2 2 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED D.0.2, UNDAR ARCADE NO.2911, 2 ND FLOOR B N ROAD, MYSORE.... RESPONDENTS (By Sri R1 - T H SRINIVASA, Served; R2 - served) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED : PASSED IN MVC NO.2128/2005 ON THE FILE OF PRL.CVL.JUDGE (SR.DN) & JMFC SRIRNAGAPATNA 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 The case of the claimant is that, on at about 5.00 am when he was traveling as a pillion rider on the Luna bearing No.KA-02-J-5101 from Mudukatore towards his native village in K.R.Pura Taluk, a goods tempo bearing No.KA driven

3 3 by its driver in a rash and negligent manner, dashed against the Luna, due to which the claimant sustained injuries. 2. On a claim petition being filed under Section 166 of the IMV Act, the Tribunal awarded a sum of Rs.51,000/- along with 6% interest. Being aggrieved by the said judgment and award, the appellant is in appeal seeking enhancement of the compensation. records. 3. Heard learned counsels and examined the 4. The wound certificate issued by Government Hospital, T.Narasipura is at Ex.P5. The wound certificate issued by K.R.Hospital, Mysore is at Ex.P6. Both the wound certificates would show that the claimant has sustained fracture of both

4 4 bones of right leg and compound fracture to right tibia and other lacerated injuries. However, the Doctor has not been examined to substantiate the same. Under these circumstances, the Tribunal has awarded compensation as follows: Pain and suffering Rs. 25,000/- Medical, food, attendant Rs. 5,000/- charges Loss of earning during treatment period Rs. 6,000/- Loss of amenities and future unhappiness Rs. 15,000/- TOTAL Rs. 51,000/- 5. In view of the above, I am of the considered view that, though there is absence of medical evidence to speak over the same, it is just and proper to award a sum Rs.10,000/- under the head pain and suffering. The claimant claims to have been spent a period of 31 days for treatment. The

5 5 Tribunal has awarded a sum of Rs.5,000/- towards medical, food and attendant charges and a sum of Rs.6,000/- towards loss of earnings during treatment period. The accident is of the year A notional income of Rs.4,500/- per month be taken as income of the claimant. Hence, a sum of (Rs.4,500 X 6) = Rs.27,000/- is awarded towards loss of income during laid up period. A sum of Rs.5,000/- awarded by the Tribunal towards medical, food and attendant charges is enhanced to Rs.10,000/-. A sum of Rs.15,000/- awarded by the Tribunal towards loss of amenities and future unhappiness is enhanced to Rs.30,000/-. 6. Accordingly, the compensation would stand enhanced as under:

6 6 Pain and suffering Rs. 35,000/- Medical, food, attendant Rs. 10,000/- charges Loss of earning during treatment period Rs. 33,000/- Loss of amenities and future unhappiness Rs. 30,000/- TOTAL Rs.1,08,000/- 7. Accordingly, the compensation stands enhanced by an additional sum of Rs.57,000/- (Rs.1,08,000/- minus Rs.51,000/-) with 6% p.a., from the date of petition till the date of payment, to be settled by the Insurance Company which will not be later than a period of Eight weeks, from the date of receipt of the copy of this order. Ordered Accordingly. Sd/- JUDGE dh*