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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY
MISCELLANEOUS FIRST APPEAL NO.231 OF 2017(MV)
BETWEEN:
SUSHMA @ SUSHMA
D/O MANJEGOWDA
AGED ABOUT 20 YEARS
RESIDING AT BHAGIVALU VILLAGE
GANDASI HOBLI
ARSIKERE TALUK
PRESENT ADDRESS:
C/O KAMALAMMA
BESIDE TAHSILDAR OFFICE
B.M.ROAD
HASSAN.
... APPELLANT
(BY SRI. PAVAN KUMAR Y.N, ADVOCATE)
AND:
1. NAVEEN KUMAR
S/O THIMMEGOWDA
MAJOR
R/AT GUNDEGOWDANAKOPPALU
HASSAN TALUK
HASSAN-573201.
2. THE MANAGER NEW INDIA INSURANCE
COMPANY LIMITED
2
CHANDAN COMPLEX
HARSHAMAHAL ROAD
HASSAN DIVISION
HASSAN-573201.
... RESPONDENTS
[BY SRI. P.B. RAJU, ADVOCATE FOR RESPONDENT NO.2;
RESPONDENT NO.1 SERVED AND UNREPRESENTED]
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT,
1988 AGAINST THE JUDGMENT AND AWARD DATED
23.11.2015 PASSED IN MVC.NO.772/2014 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL
MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT THROUGH VIDEO CONFERENCE
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Additional Senior Civil Judge, Additional MACT, Hassan (henceforth referred to as 'Tribunal') in MVC No.772/2014.
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2. Though, this appeal is listed for admission, the same is taken up for final disposal with the consent of the learned counsel for the parties.
3. The parties are referred to as they were arrayed before the Tribunal.
4. The impugned judgment and award discloses that on 13.12.2014 at about 5.40 p.m. when the claimant was walking by the side of the Bagevalu Road in front of N.B.H.S. School Hostel, Gandasi Hand Post, a Honda Activa Scooter bearing Reg.No.KA-13-V- 4684 (henceforth referred to as the "offending vehicle") ridden by its rider in a rash and negligent manner dashed against the claimant. As a result, the claimant suffered injuries on her left leg, face and other injuries on the other parts of the body. She was shifted to Gandasi Government Hospital, where she was administered first aid and then shifted to S.S.M. Hospital, Hassan for further treatment, where she 4 availed treatment for a period of 15 days. The claimant contended that she spent more than a sum of Rs.1 lakh for her treatment. Further, she claimed that due to the accidental injuries, she was unable to concentrate on her studies and was dependent on others for all her day to day activities. She thus filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of a sum of Rs.4,00,000/- from the owner and the insurer of the offending vehicle.
5. The insurer of the offending vehicle contested the claim petition and contended that the rider of the offending vehicle was not arrayed as a party. It also contended that a complaint was lodged after three days from the date of the accident and therefore it contended that the claimant must have fallen somewhere else and had lodged a complaint later only to make a claim for compensation. It claimed that the rider of the offending vehicle did not possess a valid 5 license and thus contended that it was not liable to pay the compensation. With these rival contentions, the claim petition was set down for trial.
6. The claimant's father was examined as PW1 and the doctor who treated the claimant was examined as PW2 and they marked documents as Exs.P1 to 11. The insurer and the owner did not lead any evidence and did not mark any documents.
7. The Tribunal noticed that the accident was due to the rash and negligent riding of the offending vehicle by its rider. It rubbished the contention of the insurer that it was not liable to pay the compensation on the ground that the complaint was lodged after three days. Insofar as the quantum of compensation is concerned, the Tribunal noticed that the claimant had suffered fracture of medial and lateral of the left ankle and that a sum of Rs.69,641/- was spent on medical expenses. It is also noticed the evidence of PW.2 that 6 the claimant had to undergo a surgery of removal of implant at a cost of Rs.20,000/- and having regard to the loss of income suffered by the parents of the claimant, the Tribunal awarded the following compensation:
Heads under which Amount
compensation awarded (in Rs.)
Pain and sufferings 25,000
Medical expenses 70,000
Future medical expenses 20,000
Loss of income 1,000
Loss of amenities 5,000
For food and nourishment 5,000
Total 1,26,000
8. Being aggrieved by the aforesaid quantum of compensation awarded by the Tribunal, the claimant has filed this appeal.
9. Learned counsel for the appellant has contended that the Tribunal ought to have awarded adequate compensation having regard to the nature of 7 the injuries sustained by the claimant and the consequent disability.
10. Learned counsel for the insurer however contended that the compensation awarded by the Tribunal is just and proper and does not call for any interference by this Court.
11. It is not in dispute that the accident in question was due to rash and negligent riding by the rider of the offending vehicle. It is also not in dispute that the claimant had suffered two fractures on the left ankle and that she had undergone treatment at Gandasi Government Hospital and then at S.S.M. Hospital, Hassan. Having regard to the nature of injuries sustained and the period of hospitalization, it is appropriate that the compensation awarded towards the pain and suffering be enhanced to a sum of Rs.25,000/- The compensation awarded under the other heads are just and proper.
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12. The appeal filed by the claimant is allowed in part and the compensation as awarded by the Tribunal is enhanced by a sum of Rs.25,000/- and the insurer is liable to pay compensation of Rs.1,51,000/- along with interest at the rate of 6% per annum from the date of filing of petition till the date of realization.
13. The insurer shall deposit the enhanced compensation along with interest within one month from the date of receipt of copy of this Judgment.
Sd/-
JUDGE nms