Sri Gopala T S Vs Mr. Basavaraju

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.01.2020 PASSED IN MVC NO.1488/2018 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimant being aggrieved

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by the judgment and award dated 28.01.2020 passed by the XIV Addl.Senior Civil Judge, MACT, Bengaluru (SCCH10) (for short `Tribunal'), in MVC No.1488/2018 seeking enhancement of compensation.

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HC-KAR

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Though appeal is slated for admission, with consent of learned advocates appearing for both the sides, it is taken up for final disposal.

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For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

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The brief facts of the case are that, on 20.02.2018, at about 7.50 p.m, the petitioner on P.K.Halli Main road met with an accident due to rash and negligent driving of a car bearing registration No.KA-11-N-0064. As a result he sustained grievous injuries all over the body.

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It is further case of claimant that he has spent substantial amount towards medical expenses. Due to the injuries sustained in the accident, he has suffered permanent disability and loss of his earning capacity. With these reasons, the claimant has prayed for awarding of compensation.

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The respondent No.1 was the owner and respondent No.2 was the insurer of the offending

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HC-KAR

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motorcycle. Respondent No.3 was the driver of the said car. Respondent No.3 remained ex parte before the Tribunal. Respondent Nos.1 and 2 appeared before the Tribunal and filed their respective written statement denying the contentions of the claim petitioner. Respondent No.2 in addition also denied its liability to pay the compensation due to breach of terms and conditions of the policy of insurance. With these reasons, it prayed to dismiss the claim petition.

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From the rival contentions of the parties, the Tribunal framed necessary issues.

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The claimant to prove his case, examined himself as PW-1 and got marked 14 documents, as per Exs.P-1 to P-14. Respondents have not lead any oral or documentary evidence.

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The Tribunal after hearing both parties and

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appreciating the evidence on record, by the impugned

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HC-KAR

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judgment, awarded the following amount of

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compensation:

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Particulars	Amount in Rs.
Pain and suffering	40,000
Loss of amenities	25,000
Nourishment, conveyance and attendant charges	26,000
Medical expenses	1,77,774
Loss of income during laid up period and rest period	15,000
Total	Rs.2,83,774/-

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10. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer.

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11. T he learned counsel for the appellant–claimant

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contended that the compensation awarded by the Tribunal is inadequate. According to the appellant, the petitioner had sustained a soft tissue injury over the left shoulder and was hospitalized as an in-patient for 26 days. It was further submitted that the petitioner was working as a sweeper in the BWSSB and earning Rs.15,000/- per month. However, the Tribunal has not properly considered the claimant’s income. Even if the court consider the notional income chart prepared by the Karnataka State

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HC-KAR

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Legal Services Authority, the claimant’s income ought to have been taken as Rs.12,500/- per month. It was also contended that the disability assessed by the Tribunal is on the lower side, and that the compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation.

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12. Learned counsel for respondent No.2-insurer submitted that the Tribunal after appreciating all the materials on record has awarded a just amount of compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal.

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13. The fact of the accident and the injuries

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sustained by the claimant in the said accident are not seriously disputed.

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The Tribunal after appreciating the evidence on record, held that the accident occurred due to the negligence of driver of the offending car, which is not in

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HC-KAR

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dispute by either side. Hence, there is no need to reconsider the same.

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14. O n perusal of the materials placed on record and considering the injuries sustained by the claimant, as well as the treatment taken in a private hospital for 26 days, it is evident that the compensation awarded under all heads, except medical expenses, is on the lower side. It is true that the claimant did not examine a doctor to prove the extent of his disability; therefore, the Tribunal did not award any amount under that head. Although the injuries appear to be simple in nature, the fact that the claimant underwent treatment as inpatient for 26 days indicates that the injuries were, in fact, of a serious nature.

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15. Considering the facts and circumstances, the claimant is entitled to a global compensation of Rs.50,000/-The claimant is entitled to interest @ 6% per annum from the date of the petition till its realisation. Undisputedly, respondent No.2 is liable to pay the same.

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HC-KAR

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For the aforesaid discussions, I proceed to pass

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the following:

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ORDER

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i) The Appeal is allowed in part .

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ii) The judgment and award dated 28.01.2020 passed by the XIV Addl.Senior Civil Judge and MACT, Bengaluru (SCCH-10) in MVC No.1488/2018 stands modified;

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iii) The claimant is entitled to global enhancement of global compensation of Rs.50,000/- with interest at the rate of 6% p.a., from the date of petition till its realization.

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