In the High Court of Karnataka at Bangalore
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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16 TH DAY OF JULY, 2012 :PRESENT: THE HON’BLE MR.JUSTICE N.K.PATIL AND THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.No. 3045 OF 2007 (MV) Between: Umesh S/o. Rangegowda, Aged about 22 years, R/at. Karepura Village, Srirangapatna Taluk, Mandya District. …Appellant (By Sri. Nataraju.T, for Sri. V.N.Madhava Reddy & Sri. B.M.Kenchegowda, Advocate) And : 1. Ramu S/o. Laxmamma, Aged about 37 years, R/o. Karehalla, Palahally Village, Srirangapatna Taluk, Mandya District. 2. Somashekar, S/o. Shivananjegowda, R/at. Kadatanalu, Srirangapatna Taluk, Mandya District. 3. The Manager, 2 United India Insurance Co., Ltd., Chamaraja High way Road, Krishnaraja Mohalla, Mysore. 4. Narasimhaiah, S/o. Kennalu Bettegowda, R/at. No.656, Palahalli, Belagola Hobli, Srirangapatna Taluk, Mandya District. 5. Shahim Kousar, W/o. Riyaz Ahmed, No.59, SBM Colony, Udayagiri, Mysore. …Respondents (By Sri. Prakash.M.H, Advocate for R1; Sri. K.L.Sreenivas, Advocate for R4; Notice to R5 dispensed with v/o. dated 28/10/2009; R2 & R3 served) ******* This MFA is filed U/S 173(1) of MV Act against the judgment and award dated: 12/05/2006 passed in MVC No. 205/1997 on the file of the Principal Civil Judge(Sr.Dn) & JMFC and Motor Accident Claims Tribunal, Srirangapatna, partly allowing the claim petition for compensation and seeking enhancement of compensation. This M.F.A. coming on for Hearing this day, N.K. PATIL J , delivered the following: :J U D G M E N T: This appeal by the appellant is directed against the impugned judgment and award dated 12/05/2006 passed in MVC No.205/1997 by the Principal Civil 3 Judge(Sr.Dn) & JMFC and Motor Accident Claims Tribunal, Srirangapatna, (hereinafter referred to as ‘ Tribunal’ for short). 2. By its judgment and award, the Tribunal has awarded a sum of `1,39,050/- with interest at 6% p.a., from the date of petition till realization as against the claim made by the appellant for a sum of `4,64,200/-, on account of the injuries sustained by him in the road traffic accident. 3. In brief, the facts of the case are: The appellant claims to be aged about 13 years at the time of the accident. He was hale and healthy prior to the accident. That at about 7.00 p.m., on 02.01.1997, near Pump House, Hosahalli road, when he was standing on the left side of the road holding his bicycle, at that time, a matador 307 tempo bearing No.CTS 8284 came in a rash and negligent manner and dashed against him, due to which, he sustained fracture of both the bones of right lower limb, fracture of 4 left shaft of femur and en abrasion over right thigh and right fibia and fibula, for that, he has taken treatment at K.R. Hospital, Mysore, as inpatient for 35 days, underwent surgery, implants were inserted. It is the further case of the appellant that he spent considerable amount towards medical expenses, conveyance and other incidental charges. On account of the injuries sustained by the appellant in the said accident, he has suffered permanent disability. The Doctor has assessed the disability at 30% in the left leg, 20% in the right leg and 25% to the whole body. Therefore, appellant has filed a claim petition before the Tribunal claiming compensation against the respondents. 4. The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has allowed the said claim petition in part and awarded a sum `1,39,050 /- as 5 compensation under different heads with interest at 6% p.a., from the date of petition till its realisation. 5. Being aggrieved by the quantum of compensation awarded by the Tribunal, the appellant has presented this appeal, seeking enhancement of compensation. 6. We have heard the learned counsel appearing for appellant. 7. Afte r perusal of the materials available on record, including the impugned judgment and award passed by t he Tribunal, it emerges that, the Tribunal after assessing oral and documentary evidence produced by the appellant, taking into consideration the nature of injuries sustained by him, has awarded a sum of `5 0,000/- towards injury, pain and sufferings, `5 ,000/- towards medical expenses as per medical bills produced by the claimant, `56 ,250/- towards future loss of income due to disability and `10 ,000/- towards 6 loss of marriage prospects and disfiguration, which is just and reasonable and hence, interference by this Court is not called for. 8. However, the Tribunal has erred in not awarding reasonable compensation towards conveyance, nourishing food and attendant charges and towards loss of amenities, discomforts and unhappiness and therefore, it needs to be modified. It is an admitted fact that, on account of the injuries sustained by the appellant, he has taken treatment as inpatient for 35 days, underwent surgery, implants were inserted and thereafter, bed rest and follow up treatment and during the said period, he might have spent considerable amount towards conveyance, nourishing food and attendant charges and it has to be compensated reasonably. Further, in view of the injuries sustained by the appellant, he has suffered permanent disability and the Doctor has assessed the disability at 30% to the left leg, 20% to the right leg and 25% to the whole body and we accept the same. It is permanent in nature and he has to suffer this disability through out his life and it 7 would affect his working capacity and he has lost amenities and enjoyment in his future life. Taking all these aspects into consideration, we award another sum of `10 ,000/- and `20 ,000/- towards conveyance, nourishing food and attendant charges and towards loss of amenities, discomforts and unhappiness in future life. In all, the appellant is entitled to the total compensation of `1 ,69,050/- instead of `1,39,05 0/-. 9. Having regard to the facts and circumstances of the case, the appeal filed by the appellant is allowed in part. The impugned judgment and award dated 12/05/2006 passed in MVC No.205/1997 by the Principal Civil Judge(Sr.Dn) & JMFC and Motor Accident Claims Tribunal, Srirangapatna, stands modified, awarding the compensation of `1 ,69,050/- instead of `1,39,050 /-. There would be an enhancement of `30,000 /- with interest at 6% p.a., from the date of petition till its realisation. 8 The third respondent- Insurer is directed to deposit the enhanced compensation of `30 ,000/- with interest at 6% p.a., from the date of petition till the date of realisation, within three weeks from the date of receipt of a copy of this judgment and award. The entire enhanced compensation shall be released in favour of the appellant, immediately, on deposit by the Insurer. Draw the award, accordingly. SD/- JUDGE SD/- JUDGE tsn*.