Karnataka High Court
Sri Basavaraj vs The Branch Manager on 21 February, 2022
Bench: P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE Mr. JUSTICE P. KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL No.6690/2011 (MV)
BETWEEN:
SRI BASAVARAJ
S/O YALLAPPA
AGED ABOUT 46 YEARS
R/AT HEGGANAHALLI CROSS
"OM SHAKTHI" TEMPLE MAIN ROAD,
BENGALURU.
...APPELLANT
(BY SMT. GAYATHRI RAVI SHANKAR, ADVOCATE)
AND:
1. THE BRANCH MANAGER
IFFCO-TOKIO GEN INS. COM,
NO.41, 2ND FLOOR, CRISTU COMPLEX,
LAVELLE ROAD, BENGALURU-560001.
2. THE AUTHORISED SIGNATORY,
M/S. MERCURY CAR RENTALS,
THE OBEROI, NO.37-39,
M.G.ROAD, BANGALORE-560027.
...RESPONDENTS
(BY SRI D.VIJAY KUMAR, ADVOCATE FOR R.1
SRI.K.S.RAMU, ADVOCATE FOR R.2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 24.05.2010 PASSED IN MVC No.4964/2009 ON THE FILE
OF II ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
2
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimant seeking
enhancement of the compensation awarded in MVC
No.4964/2009 by judgment and award dated 24.05.2010
on the file of the learned II Additional Judge, MACT, Court
of Small Causes, Bengaluru.
2. The claim of the appellant is that on
16.04.2009 at about 10.45 p.m., he met with an accident
on account of rash and negligent driving of car bearing
Registration No.KA-03/C-8359 and he suffered
compression fracture T12 Vertebrae.
3. Before the learned MACT, the claimant
examined himself as P.W.1 and examined one Orthopedic
Surgeon as PW.2., Exs.P.1 to P.12 were marked.
Insurance company did not examine any witnesses, no
documents were marked.
4. Learned MACT has awarded a compensation of
Rs.25,000/- together with interest at 6% per annum from
the date of petition till the date of deposit with the
Tribunal.
5. I have carefully gone through the records and
considered the grounds at the support of the appeal.
6. Ex.P.6 is the wound certificate and Ex.P.7 is
the discharge summary. Ex.P.6 clearly shows that he was
treated for two days in Ashraya Hospital, Magadi main
road, Bangalore and the injuries suffered are as follows;
"1. Compression fracture of T12 Vertebra
without Neurological deficit.
2. Multiple abrasions over face."
7. Injury No.1 was grievous in nature and other
injury was simple. Even the discharge summary - Ex.P.7
issued by the same hospital shows that the
claimant/appellant was treated and he was advised to take
absolute bed rest for six weeks. Evidence of D.W.2, who is
not a treating Doctor cannot be given any credence in view
of the fact that wound certificate itself states that there
was no neurological deficit on account of the compression
fracture.
8. Learned MACT has awarded only Rs.25,000/-
by way of global compensation. The claimant was inpatient
for two days and he has suffered compression fracture of
T-12 Vertebrae and therefore, under the head of 'pain and
suffering', he is entitled to be awarded a sum of
Rs.30,000/-. He was advised six weeks complete bed rest
and he would not have been in a position to work atleast
for a period of 3 months. Since the accident has taken
place in the year 2009, a Notional Income of Rs.5,000/- is
required to be fixed for the claimant/appellant and
therefore, for the loss of earning during the laid up period
a sum of Rs.15,000/- is required to be awarded towards
'Nourishment, Food and conveyance charges' and for other
miscellaneous expenses, another Rs.3,000/- is required to
be awarded. Hence, the appellant is entitled to be awarded
a sum of Rs.38,000/-. The learned MACT has awarded
Rs.25,000/-. The enhanced compensation shall carry
interest at the rate of 6% per annum from the date of
petition till the date of deposit. The above appeal is
allowed to the said extent. The deposit of enhanced
compensation amount of Rs.13,000/- to be made within
six weeks from the date of receipt of certified copy of this
judgment.
Sd/-
JUDGE
NM/HDK
