Sri Nagesh vs Mahaveer Bulks Carriers
2022 Latest Caselaw 1657 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                           BEFORE
       THE HON'BLE MR.JUSTICE P.KRISHNA BHAT

               M.F.A.No.7489/2011 (MV)
                         C/W
               MFA NO.7488/2011(MV)

IN M.F.A.No.7489/2011

BETWEEN:

SRI. MANU
S/O. SRI. SHIVANNA
AGED ABOUT 22 YEARS
C/O NARAYANA RAJU
D. NO.20, 3RD MAIN, 3RD CROSS
CHOLARAPALYA, MAGADI ROAD
BANGALORE - 560 023                          ...APPELLANT

(By SRI. LINGARAJ, ADV.)

AND:

1.     MAHAVEER BULKS CARRIERS
       NO. 102 A , HULUAR VILLAGE
       VARTHUR HOBLI, KORAMANGALA
       BANGALORE DISTRICT - 562 133

2.     THE MANAGER
       NEW INDIA ASSURANCE CO. LTD.,
       REGIONAL OFFICE, UNITY BUILDING,
       MISSION ROAD, BANGALORE-27
                                          ... RESPONDENTS

(By SRI. S. RAGHAVENDRA, ADV., FOR R1;
    SRI. E.I.SANMATHI, ADV. FOR R2)
                                  2


      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.06.2011 PASSED IN
M.V.C.NO.3058/2010 ON THE FILE OF XVI ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, MEMBER, MACT, BANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO.7488 OF 2011

BETWEEN

SRI NAGESH
S/O SRI. CHIKKADODDAIAH
AGED ABOUT 21 YEARS
C/O NARAYANA RAJU,
D.NO.20, 3RD MAIN 3RD CROSS,
CHOLARAPALYA, MAGADI ROAD,
BANGALORE - 560 023.                         ... APPELLANT

(By Sri. H. S. LINGARAJ, ADV.)

AND

1.    MAHAVEER BULKS CARRIERS
      NO. 102 A, HULUAR VILLAGE,
      VARTHUR HOBLI, KORAMANGALA
      BANGALORE DISTRICT -562 133.
2.    THE MANAGER
      NEW INDIA ASSURANCE CO. LTD.,
      REGIONAL OFFICE, UNITY BUILDING,
      MISSION ROAD, BANGALORE-27
                                            ...RESPONDENTS
(By SRI. R NAGARAJ, ADV., FOR R1,
    SRI. A.N.KRISHNA SWAMY, ADV., FOR R2)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.06.2011 PASSED IN
M.V.C.NO.3057/2010      ON     THE     FILE    OF    THE
XVI ADDITIONAL JUDGE, M.A.C.T., BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
                                    3


     THESE APPEALS COMING ON FOR FINAL HEARING
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT
DELIVERED THE FOLLOWING:

                       JUDGMENT

These two appeals are at the instance of the

claimants seeking enhancement of compensation awarded

by common judgment and award dated 14.06.2011 in

M.V.C. Nos.3057/2010 and 3058/2010 passed by the XVI

Additional Judge, M.A.C.T., BANGALORE

2. By the impugned judgment and award,

claimant/appellant - Nagesh (M.V.C. No.3057/2010) was

awarded a total compensation of Rs.10,000/- and

claimant/appellant - Manu (M.V.C.No.3058/2010) was

awarded a total compensation of Rs.15,000/-.

3. Learned counsel for the Insurance Company

informs me that the common judgment and award in this

case was challenged by the owner of the vehicle in

M.F.A.No.651/2012 c/w M.F.A.No.650/2012 calling in

question the direction in the award imposing liability to pay

the compensation on him and the appeals were allowed by

a common judgment dated 24.07.2019 by this Court

fastening the liability to pay the afore-mentioned

compensation on the Insurance Company.

4. A detailed reference to the facts of the case is

not necessary for disposing of this appeal. Ex.P6 is the

wound certificate in respect of appellant - Nagesh and

Ex.P12 is the wound certificate in respect of

appellant - Manu.

5. Appellant-Nagesh has suffered the following

injuries:

" Small swelling over ® Frontal region 2 X 1 cm. Abrasion over lower part of back. Left side Left ear bleed.

BDH - 12/50 pm CT No size of BDH 4 pm

Nature of injury: NoI Simple in Nature"

6. Ex.P6 is issued by the NIMHANS hospital,

Bengaluru. The injury is stated to be simple in nature.

7. Similarly, Ex.P12 issued by B.G.S. Global

hospital, Bengaluru shows that appellant/Manu had

suffered the following injuries:

"The above person was seen by the undersigned when first brought to the Casualty Department of BGS Global Hospitals, Bangalore

-560 060. The examination commenced at 12.45 a.m.

1. Head injury with hematoma on occipital region 3 X 3 cm

2. Abrasion over left side of abdomen 3 X 5 cm and gluteal region"

not admitted The above person was admitted to this hospital as an inpatient and treated by the Trauma team department for the period from

- to -____

I am of the opinion that above injury no (1) is grievous nature

P-S- pt discharged against medical advice."

The injury suffered by Manu is stated to be grievous

in nature.

8. Based on the medical bills produced, the

learned Tribunal has assessed the compensation to be

awarded at Rs.10,000/- for Nagesh and Rs.15,000/- for

Manu. No other significant material is available on record

to show further hospitalization of Manu or any expertised

treatment given to him. There is no good ground made

out to grant enhancement of the compensation awarded by

the learned Tribunal.

Accordingly, there is no merit in these two appeals

and they are liable to be dismissed. Hence, both the

appeals are dismissed.

Transmit the records to the learned Tribunal below,

forthwith.

Sd/-

JUDGE

KG