U.M.Kiran @ Kiran Kumar Vs Sri. Manje Gowda

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.27.06.2019 PASSED IN MVC NO.4086/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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 VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured appellant challenging the judgment and award dated 27.06.2019 passed in MVC.No.4086/2018 by the I Additional Small Causes Judge & MACT, Bengaluru (SCCH-11) (for short ‘the Tribunal’).

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Heard Sri.Kailas Shankar P.S., learned counsel

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appearing for the appellant, Sri.Y.P.Venkatapathi, learned counsel for respondent No. 2 and meticulously perused the material available on record.

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HC-KAR

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The appellant met with a road accident on

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27.11.2016 and sustained lacerated wound over the occipatel region and left frontal parietal temporal SDH with fracture of squamos temporal bone one left LL side. He was admitted to Victoria Hospital, Bengaluru, where he underwent treatment from 28.11.2016 to 01.12.2016 and even after discharge, he was advised to continue follow-up treatment. The appellant contended that he incurred expenses exceeding Rs.1,50,000/towards medical expenses, conveyance, nourishment and other incidental charges. He further claimed that he was doing travels business and earning Rs.25,000/- per month. In support of his claim, the appellant examined himself as PW1 and another witness as PW2 and got marked Ex.P1 to Ex.P13. It is to be noticed that the appellant did not examine any doctor nor placed any evidence to establish the factum of disability. In the absence of such evidence, the Tribunal has awarded a global compensation of Rs.70,000/- with interest at 9% per annum.

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HC-KAR

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Considering the nature of injuries sustained, the

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period of hospitalization of 4 days and the hardship endured by the appellant, I am of the considered view that instead of awarding compensation on some of the heads it would be appropriate to award an additional compensation of Rs.40,000/-. Accordingly, the appellant is entitled to an additional sum of Rs.40,000/- as compensation.

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The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization.

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In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed . The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within eight weeks from the date of receipt of certified copy of this judgment. On such

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