Srikanth S/O Ramaiah vs The Managing Director
2022 Latest Caselaw 9491 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
        DATED THIS THE 23RD DAY OF JUNE, 2022

                       BEFORE

   THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

  MISCELLANEOUS FIRST APPEAL NO.3558 OF 2015 (MV)

BETWEEN:
SRIKANTH S/O RAMAIAH
AGED ABOUT 27 YEARS
RESIDING AT NO.51
THIMMASANDRA, KASABA HOBLI
DODDABALLAPURA
BENGALURU RURAL DISTRICT-560057
PRESENTLY RESIDING AT NO.9
MALLASANDRA MAIN ROAD
5TH CROSS, T.DASARAHALLI
                                           ... APPELLANT
(BY SRI.JAGAN MOHAN M.T, ADVOCATE)

AND:
THE MANAGING DIRECTOR
K.S.R.T.C DEPOT
BENGALURU CENTRAL OFFICE
BENGALURU - 560 027
                                         ... RESPONDENT
(BY SMT.K. VIJAYALAKSHMI, ADVOCATE FOR
SRI.G. SHANKAR GOUD, ADVOCATE)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.01.2015 PASSED IN M.V.C
NO.4318/2013 ON THE FILE OF THE XVIII ADDITIONAL
JUDGE, MEMBER, MACT-4, COURT OF SMALL CAUSES,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION    AND   SEEKING    ENHANCEMENT     OF
COMPENSATION.

     THIS APPEAL COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
                                     2


                             JUDGMENT

Heard Sri.Jagan Mohan M.T, learned counsel

appearing for the appellant and Smt.K.Vijayalakshmi,

learned counsel appearing on behalf of Sri.G.Shankar Goud,

learned counsel for the respondent-KSRTC.

2. The instant appeal is filed challenging the

judgment and award dated 31.01.2015 passed in MVC

No.4318/2013 on the file of Motor Accident Claims Tribunal,

Court of Small Causes, Bengaluru (for short, hereinafter

referred to as 'Tribunal').

3. This petition is filed by the claimant who

sustained head injury in a road accident. The accident is

not in dispute. The injuries are also not in dispute. The

claimant has produced medical bills at Ex.P37 for

Rs.4,330/- which is not disputed. The claimant claimed

that he was running hotel business earning Rs.15,000/- per

month. However, document is not produced. The wound

certificate at Ex.P34 would reveal that head injury

sustained by him is simple in nature. Since there is no loss

of income and there is no disability, the Tribunal has

awarded global compensation of Rs.10,000/-. It is

forthcoming from the records that Rs.4,330/- is the medical

expenses incurred by the claimant. Looking into the nature

of injuries suffered, this Court is of the opinion that there is

some scope for enhancement of the compensation and

global compensation of Rs.15,000/- is awarded in addition

to Rs.4,330/- towards the medical expenses. Accordingly,

the claimant is entitled for compensation of Rs.19,000/-.

The appeal is allowed in part; the impugned judgment and

award is modified as indicated above. Enhanced

compensation of Rs.15,000/- shall carry interest at 6% p.a.

from the date of petition till the date of payment.

Sd/-

JUDGE

UN