K S Shivamurthy vs Sri Narasimha Murthy C
2022 Latest Caselaw 1076 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 24TH DAY OF JANUARY, 2022

                      BEFORE

      THE HON'BLE MR.JUSTICE P.KRISHNA BHAT

                M.F.A.No.7586/2017 (MV)
BETWEEN:

K S SHIVAMURTHY
S/O LATE SIDDAVEERAIAH
AGED ABOUT 59 YEARS
RESIDING AT HANUMANTHA NAGAR,
JALAMANGALA ROAD,
RAMANAGARA TOWN-562160.                ...APPELLANT

(BY SRI. SHANTHARAJ K, ADVOCATE)

AND

1 . SRI NARASIMHA MURTHY C
    S/O CHIKKANNA AGE: MAJOR
    RESIDING AT DANAYAKANAPURA
    KOOTAGAL POST AND HOBLI
    RAMANAGARA TALUK AND DISTRICT-562160

2 . THE UNITED INDIA INSURANCE
    COMPANY LIMITED
    REPRESENTED BY ITS MANAGER
    1ST FLOOR, RVR COMPLEX
    OPP: LIC OFFICE,
    BEHIND KSRTC BUS STAND,
    IJOOR
    RAMANAGARA TOWN-562160          ...RESPONDENTS

(BY SRI. C SHANKAR REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS D/W V/O DATED 17-10-2017)
                               2


     THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 22-7-2017 PASSED
IN MVC NO.285/2013 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM AND MACT, AT
RAMANAGARAM, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
     THIS MFA COMING ON FOR ADMISSION THROUGH
VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
                      JUDGMENT

This is a claimant's appeal seeking enhancement of

the compensation awarded by the learned Principal Senior

Civil Judge and CJM and MACT, Ramanagaram, in MVC

No.285/2013 by the judgment and award dated

22-7-2017.

2. Heard the learned counsel for claimant Sri. K.

Shantharaj and learned counsel Sri. C. Shankar Reddy, for

respondent No.2-Insurance Company.

3. I have bestowed my careful attention to the

submission of the learned counsel and also to the records.

4. The claim petition was filed on the allegation that

the claimant while he was walking on the left side of the

road near Mini Vidhana Soudha, B.M. Road,

Ramanagaram, the rider of motor cycle bearing

registration No. KA.42.L.2128 came in a rash and

negligent manner and dashed to the claimant resulting in

his suffering serious injuries.

5. Learned Tribunal upon consideration of the

pleadings and evidence of the claimant, PW1 and Exhibits

P1 to P6 and the submissions made on both sides before it,

allowed the claim petition in part and awarded the

compensation of Rs.91,500/- with interest thereon at 6%

p.a. It is required to be noticed that the Insurance

Company has not impugned the award on the question of

liability or negligence.

6. Claimant has not examined the Doctor who has

either treated him or examined him regarding any

disability. He has also not produced the discharge

summary report. Therefore, there is no material available

on record to consider the contention of the appellant that

he has suffered some disability including head ache while

exposed to sun rays etc. On the other hand, the learned

Tribunal has carefully considered the record and awarded

Rs.26,483/- under the head 'medical expenses'. The

learned Tribunal has already awarded Rs.15,000/- towards

'pain and suffering' and also another sum of Rs.50,000/-

for what it has observed as "global compensation for the

grievous injuries suffered".

7. Upon consideration of the records and the

compensation awarded, I am of the considered opinion

that what is awarded is more than sufficient and no case is

made out for enhancing the compensation already

awarded. Hence, there is no merit in this appeal and it is

liable to be dismissed. Hence, I pass the following:

ORDER

The above appeal is dismissed.

Transmit the records to the learned Tribunal

forthwith.

Sd/-

JUDGE tsn*