Karnataka High Court
K L Vijaya vs The Managing Director on 6 December, 2023
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NC: 2023:KHC:44188
MFA No. 1805 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.1805 OF 2018(MV-I)
BETWEEN:
1. K.L. VIJAYA
S/O LAKSHMANA,
AGED ABOUT 23 YEARS,
R/AT KORA (POST)
TUMAKURU TALUK-572101.
...APPELLANT
(BY SRI SHANTHARAJ K., ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
KSRTC, SHANTHINAGAR,
BENGALURU-560027.
...RESPONDENT
Digitally (BY SRI B. PALAKSHAIAH, ADVOCATE)
signed by JAI
JYOTHI J
Location: THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
HIGH
COURT OF JUDGMENT AND AWARD DATED 09.08.2016 PASSED IN MVC
KARNATAKA NO.1372/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT
JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR JUDGMENT THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:44188
MFA No. 1805 of 2018
JUDGMENT
This is an appeal filed by the claimant seeking
enhancement of the compensation aggrieved by the award
passed in M.V.C.No.1372/2015 dated 09.08.2016 on the
file of the II Additional District Judge and Motor Accident
Claims Tribunal at Tumakuru.
2. The claim petition is filed seeking compensation
of an amount of Rs.3,00,000/- for the injuries sustained
by the claimant in the accident. As per the Medico Legal
Certificate i.e., Ex.P6, the claimant had sustained
tenderness over the right knee joint and as per the same,
the said injury is grievous in nature. The Court had
awarded compensation of an amount of Rs.25,000/-
towards pain and suffering. No amounts were granted for
medical expenses, as it is admitted that the claimant has
got reimbursement of the medical expenses from the ESI.
Under the head of food and nourishment, the Court had
granted Rs.5,000/-. As nothing is filed to show that he had
taken treatment as an inpatient, nothing has been granted
NC: 2023:KHC:44188
under the head of attendant charges. Towards
transportation charges, an amount of Rs.5,000/- was
granted, towards loss of amenities in life, Rs.50,000/- is
granted. Under the head loss of income during laid up
period, Rs.25,500/- was granted by the Court below.
Totally, a compensation of Rs.1,10,500/- is granted.
3. Learned counsel appearing for the claimant
submits that the Court below had granted very meager
amounts for the injuries sustained by him. The counsel
submits that under the head of pain and suffering,
compensation awarded by the Tribunal in a sum of
Rs.25,000/- is on the lower side. Further, under the head
of attendant charges, no amount was granted. It is
submitted that compensation that is awarded by the
Tribunal is not just and reasonable.
4. Learned counsel appearing for the respondent-
KSRTC submits that, except filing the Medico Legal
Certificate, no other document is filed. Inspite of the
same, the Court below had granted substantial amounts,
NC: 2023:KHC:44188
which are on the higher side and no grounds are made out
for seeking enhancement of the compensation.
5. Having heard the learned counsel on either
side, perused the material on record. In this case, except
marking the Medico Legal Certificate as Ex.P6, no
documents are filed by the claimant with regard to the
injuries sustained by him. Without there being no medical
evidence, without examining the Doctor, the Tribunal has
already awarded an amount of Rs.1,10,500/- and this
Court finds no reason to enhance the compensation.
6. Accordingly, the appeal is dismissed.
i) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
ii) No costs.
Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUDGE
ST
