Humoin Sharif vs Sri. N. R. Chandru
2022 Latest Caselaw 8858 Kant

                            1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 15TH DAY OF JUNE 2022

                         BEFORE

   THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

               M.F.A.NO.2226 OF 2018(MV)

BETWEEN:

HUMOIN SHARIF
S/O MOHAMMED GULJAN,
R/O NO.369,1ST CROSS,
HUNASANAHALLI ROAD,
MOHAMADIYANAGAR,
RAMANAGARA-562 159.                         ... APPELLANT

(BY SRI HARSHA S.P., ADVOCATE (VIDEO CONFERENCE))

AND:

1 . SRI. N. R. CHANDRU
    S/O NARAYANASWAMY,
    MAJOR,
    CHANDRA ENTERPRISES,
    NO.39/13A,KANAKAPURA MAIN ROAD,
    BSK II STAGE,
    BENGALURU-70

2 . THE MANAGER
    UNITED INDIA INSURANCE CO.LTD.,
    NO.487/1,CMH ROAD,
    OVERSEAS BANK,
    NEAR AMARJYOTHI NURSING HOME,
    INDIRANAGAR,
    BENGALURU-38
                                         ... RESPONDENTS

(BY SRI K SURESH , ADVOCATE (VIDEO CONFERENCE)
 R1 NOTICE DISPENSED WITH VIDE ORDER DATED 10.06.2019)
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     THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.05.2017
PASSED IN MVC NO.118/2012 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal is filed under Section-173(1) of the

Motor Vehicles Act, 1988, (hereinafter referred to as 'MV

Act' for brevity) by the appellant-claimant challenging the

judgment and award dated 22.05.2017, passed in MVC

No.118/2012, on the file of the Additional Senior Civil

Judge, Ramanagara (hereinafter referred to as 'the

Tribunal' for brevity) seeking enhancement.

2. Brief facts of the case is that on 29.12.2011 at

about 11.00 a.m. the petitioner was riding motor cycle

bearing Reg.No.KA-42-K-9545 along with the pillion rider

from RMC Road, Ramanagara to his house, when he

reached near Mini Vidhana Soudha at the same time, the

driver of the lorry bearing Reg.No.KA-05-B-7736 driven by

its driver drove the vehicle in rash and negligent manner

and dashed to the petitioner's vehicle. As a result, the

petitioner and pillion rider fell down and sustained grievous

injuries all over the body. The petitioner was shifted to

Government Hospital, Ramanagara and he has spent more

than Rs.50,000/- towards medicine, treatment, nourishing

food and expenses. The petitioner is only earning member

of his family, he was hale and healthy prior to the accident

and he used to earn a sum of Rs.500/- per day as a

Mechanic and vegetable seller.

4. The learned counsel for the appellant/claimant

submitted that the Tribunal has awarded the Global

compensation of Rs.10,000/- which is a meagre one and

the quantum of compensation awarded under various

heads is on lesser side. Therefore, seeks for enhancement

of the compensation.

5. On the other hand the learned counsel for the

respondent No.2 submitted that the appellant has not

made out any evidence before the Tribunal and whatever

amount awarded by the Tribunal is correct and proper.

Therefore prayed for dismissing the appeal.

6. The Tribunal has granted Global Compensation of

Rs.10,000/- with interest at the rate of 6% per annum. In

the above case Ex.P4 Wound Certificate reveals that the

appellant had sustained fracture of left clavicle bone which

is grievous in nature. The appellant has only produced

four documents Exs.P1 to P4 i.e, Ex.P1 - FIR, Ex.P2 -

Compalint, Ex.P3 - Crime details form and Ex.P4-Wound

Certificate. The doctor who treated the appellant-claimant

has not been examined to depose regarding the

percentage of disability. Therefore considering the fact

that the appellant had sustained grievous injury of fracture

of left clavicle and in absence of any other evidence, it is

just and proper to award the global compensation of

Rs.30,000/- in total.

7. Considering facts that the appellant had

sustained fracture of clavicle and must have spent some

amount towards the medical treatment, therefore total

Global Compensation of Rs.30,000/- including the

compensation already awarded is granted with interest at

6% per annum from the date of filing of the petition till

deposit.

According, the appeal is liable to be allowed in part.

Hence, appeal is allowed in part.

Judgment and award dated 22.05.2017, passed in

MVC No.118/2012, on the file of the Additional Senior Civil

Judge, Ramanagara is modified to the extent that the

appellant is totally entitled for global compensation of

Rs.30,000/- with interest at 6% per annum from the date

of filing of the petition till deposit.

Draw award accordingly.

No order as to costs.

Sd/-

JUDGE

AKV