Karnataka High Court
B G Naveen Kumar vs The Director on 22 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:42299
MFA No. 2827 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 2827 OF 2012 (MV)
BETWEEN:
B G NAVEEN KUMAR
S/O R GANGADHAR
AGED ABOUT 32 YEARS
R/AT NO.6, 4TH B CROSS,
VINAYAKA NAGAR
KAMAKSHI PALYA
BENGALURU - 56 0079
...APPELLANT
(BY SRI.H.K.SATHEESH, ADVOCATE)
AND:
1. THE DIRECTOR
ROYAL SUNDARAM ALLIANCE
INSURANCE CO LTD
Digitally signed by RAGHAVENDRA COMPLEX,
PAVITHRA B
Location: HIGH GROUND FLOOR 186/7, 1ST CROSS,
COURT OF
KARNATAKA HOSUR MAIN ROAD, WILSON GARDEN
BENGALURU - 560 027
2. K H GANGADHARA
S/O HANUMANTHAIAH
AGED MAJOR
R/O KALYA GATE
NEAR WATER TANK,
MAGADI TALUK
RAMANAGAR DISTRICT
...RESPONDENTS
(BY SRI.RAVI S. SAMPRATHI, ADVOCATE FOR R2)
-2-
NC: 2024:KHC:42299
MFA No. 2827 of 2012
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 19.11.2011
PASSED IN MVC NO.8929/2010 ON THE FILE OF MACT, 14TH
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BANGALORE
CITY(SCCH.10) PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION IN TIME.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 19.11.2011 in
MVC.No.8929/2010 passed by the Motor Accident Claims
Tribunal, Court of Small Causes, Bengaluru, for seeking
enhancement of compensation.
2. The factum of accident and disability sustained
due to accident are not in dispute.
3. Heard the arguments from both sides and
perused the records.
4. The Tribunal has awarded compensation under
various heads as follows:
NC: 2024:KHC:42299
Pain and Suffering 15,000
For medical expenses and
17,000
other incidental charges
Loss of amenities and future
5,000
discomfort
Loss of earning during the
5,000
treatment
Loss of future earning capacity
48,960
due to disability
Future medical expenses 2,000
Total 92,960
5. From the medical evidence on record, the
claimant has suffered the following injuries:
i) Swelling and tenderness over left forearm and
hand
ii) Contused abrasion of left hand
iii) Fracture of the left forearm - Ulna bone
6. The Doctor has opined that injuries Nos.1 and 2
are simple in nature and injury No.3 is grievous in nature.
The claimant is working as a mechanic with R.N.Motors,
therefore, certainly the above injuries affects the mechanic
work.
NC: 2024:KHC:42299
7. Therefore, considering the nature of injuries
sustained by the claimant, the compensation awarded by
the Tribunal is on the lower side. Therefore, it is just and
proper to award additional global compensation of
Rs.80,000/-. Accordingly, the appellant/claimant is
entitled to additional global compensation of Rs.80,000/-,
in addition to what has been awarded by the Tribunal.
Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
19.11.2011 in MVC.No.8929/2010 passed by
the Motor Accident Claims Tribunal, Court of
Small Causes, Bengaluru, is hereby modified to
the extent that the appellant/claimant is
entitled to additional global compensation of
Rs.80,000/- including interest, in addition to
what has been awarded by the Tribunal.
NC: 2024:KHC:42299
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal forthwith.
v. The entire amount shall be released in favour of
the appellant/claimant.
vi. Draw award accordingly.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MDS
