Sri Ravinandana M.H., Vs M H Kumar

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.06.2015 PASSED IN MVC NO.201/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE G BASAVARAJA)

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Appellant-claimant has preferred this appeal, challenging

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the judgment and award dated 04^th June 2015, passed in MVC No.201 of 2014 by the II Additional Senior Civil Judge and Motor Accident Claims Tribunal at Hassan (for short hereinafter referred to as the "Tribunal").

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For the injuries suffered in the motor vehicle accident that occurred on 18th July 2012, claimant preferred claim petition before the Tribunal seeking compensation. By the impugned judgment and award, the Tribunal awarded a compensation of Rs.52,000/- with interest at the rate of 6% per annum from the date of petition, till realisation. Not being satisfied with the compensation awarded by the Tribunal, the

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NC: 2025:KHC:23652-DB MFA No. 3883 of 2016

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HC-KAR

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claimant is before this court in the present appeal seeking enhancement in compensation.

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Smt. Nirmala, learned Counsel appearing for the appellant-claimant submits that impugned judgment and award is highly illegal, capricious and bad in law. She would submit that the Tribunal has erred in appreciating the documents produced by the claimant in support of his claim as per Exhibit P5 which reveals that there is a fracture of talus, fracture of Cubid on left leg foot and internal de-arrangement of right knee and the same has led to miscarriage of justice. Hence, she sought for enhancement of compensation.

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On perusal of pleadings, it is not in dispute that the claimant was discharging his duty as a conductor in KSRTC Bus bearing Registration No.KA-13/F-1947 on the day of accident which was plying from Bangalore to Hassan. It is also not in dispute that the Respondent No.1 was the driver of the bus. He drove the same in rash and negligent manner, and when the said bus was moving on NH48, near Tirumalapura of Nagamangala Taluk, the driver lost control over the bus, and as a result, it dashed to the hind portion of lorry bearing

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HC-KAR

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Registration No.TN-23/AA-5623, which was moving ahead of the bus and thus, claimant sustained grievous injuries all over the body. He was treated at AIMS Hospital, Nagamangala and then shifted to Mangala Hospital where he had taken treatment as an inpatient from 19^th July to 01^st August 2012. Further, he also took treatment at Chord Road Hospital, Bangalore and later at Tejaswini Private Nursing Home, Mangalore. Considering the evidence of PW1 and the documents, i.e., Exhibit P14-certificate issued by AIMS Hospital, Exhibit P5-MRI report of the right knee and Exhibit P9- the X-ray issued by Tejaswini Hospital, the Tribunal has awarded compensation as under:

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Pain and agony	Rs. 25,000.00
Medical expenses, attendant charges, food	Rs. 2,000.00
diet, nourishment, conveyance, etc.
Loss of discomfort, frustration and fun, etc.	Rs. 25,000.00
Total	Rs. 52,000.00

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The Tribunal has also observed that the petitioner

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has not suffered financially on account of his change in designation, and also during the laid-up period i.e., between 19^th July to 01^st August 2012, his absence has been treated as on duty and was paid salary for the above period.

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5 - NC: 2025:KHC:23652-DB MFA No. 3883 of 2016

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HC-KAR

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On re-examination and revaluation of the entire

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evidence on record and considering the nature of injuries, age, and occupation of the appellant, we are of the considered view

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that it is just and proper to award the compensation as under:

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Sl.No.	Head	Amount (Rs.)
1.	Pain and agony	60,000.00
2.	Medical expenses, attendant charges, food diet, nourishment, conveyance, etc.	30,000.00
3.	Loss of amenities	1,00,000.00
	Total	1,90,000.00

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In the result, we proceed to pass the following:

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O R D E R

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i) Appeal is allowed in part;

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ii) Judgment and award dated 04^th June 2015, passed in MVC No.201 of 2014 by the Tribunal is modified holding that the appellant-claimant is entitled for compensation of Rs.1,90,000/as against Rs.52,000/- awarded by the Tribunal. The compensation amount carries interest at 6% per annum from the date of petition till realisation;

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HC-KAR

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iii) Respondent No.2 shall deposit the award amount with accrued interest before the Tribunal within 60 days from the date of receipt of certified copy of this judgment;

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iv) Registry to draw award accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sd/(G BASAVARAJA) JUDGE

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lnn List No.: 1 Sl No.: 55

Sri Ravinandana M.H., v. M H Kumar

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Sri Ravinandana M.H., v. M H Kumar

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