Sarojamma v. Lakshminarayana M

JUDGMENT AND AWARD DATED:04.01.2023 PASSED IN MVC NO.3511/2020 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

This appeal is filed by the claimant seeking enhancement of compensation arising out of judgment and award dated 04.01.2023 passed by Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-17), in MVC No.3511/2020.

¶2The parties are referred to as per their ranking before the Tribunal.

¶3Heard Sri.Range Gowda N.R., learned counsel appearing for the appellant and Sri.Ravi S. Samprathi,

learned counsel appearing for the respondent No.2/insurer respectively.

¶4Sri.Range Gowda N.R., learned counsel urged on a short point that the Tribunal has not properly considered the injuries suffered, the period as inpatient and medical expenses incurred as well as treatment taken by the appellant. As per the Ex.P-6, the appellant has suffered the following injuries:

(a) Degloving injury of right thigh underlying structure exposed.

(b) Degloving injury of right leg underlying structure exposed

(c) Degloving injury of anterior aspect of left leg

(d) Pelvic compression.

(e) Multiple abrasions present on hand.

(f) Fracture of right hip, left fibula.

¶5The Tribunal after considering the injuries suffered by claimant, has awarded a global compensation of Rs.2,00,000/- with 6% p.a. from the date of petition till the date of realization.

¶6In view of the injuries suffered, treatment taken and the expenses incurred, the compensation requires to be reconsidered.

¶7Though Sri.Ravi Samprathi opposed contention, however, he is not in serious dispute in respect of the injuries suffered, treatment taken and the medical expenses incurred.

¶8Having considered the judgment and the documents placed on record, this Court is of the opinion that instead of dwelling on each and every head, considering the injuries, medical treatment undergone and expenses incurred, this Court deem it appropriate to award another Global compensation of Rs.1,00,000/- along with interest at 6% p.a. from the date of petition till the date of realization, the same would be meet the ends of justice.

¶9Accordingly, this Court proceeds to pass the following: ORDER

(i) The appeal is allowed in part.

(ii) The judgment and award dated 04.01.2023 passed by the Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-17), in MVC No.3511/2020, is modified and the compensation is reassessed.

(iii) The claimant is entitled for another global compensation of Rs.1,00,000/- along with 6% p.a. interest from the date of petition till realisation.

(iv) The respondent No.2/insurer shall deposit the entire global compensation along with interest at 6% p.a. before the concerned Tribunal within six weeks from the date of receipt of certified copy of this order.

(v) Upon deposit, the entire amount shall be released in favour of the claimant after due identification.

(vi) The Trial Court Records secured, if any, shall be transmitted forthwith to concerned Tribunal.

(vii) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 11 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:43108( MFA(No.(5680(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010425032023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(13 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(T.M.NADAF( MISCELLANEOUS(FIRST(APPEAL(NO.5680(OF(2023(MV-I)( BETWEEN:(( SAROJAMMA,, NOW,W/O,VENKATESH,, AGED,ABOUT,46,YEARS,, R/AT,,DODDANUSANDRA,, ANAONDAHALLI,, HOSAKOTE,TALUK,, BANGALORE,-,560,067., …APPELLANT, (BY,SRI.,RANGEGOWDA,N.R.,,ADVOCATE), AND:( 1., LAKSHMINARAYANA,M.,, S/O,MUNISHAMAPPA,, AGED,MAJOR,, ST R/AT,NO.,455,,1 ,,MAIN,ROAD,, Digitally NEAR,WATER,TANK,, signedtiby KADAGOUDI,PLANTATION,,REKHA0R Location: BANGALORE,-,560,067., High0Court , of0Karnataka 2., LIBERTY,GENERAL,INSURANCE,, COMPANY,LTD.,, STOFFICE,NO.1,ALYSSA,,1 ,,FLOOR,, REAR,PORTION,,OLD,NO.,28,, NEW,NO.23,,RICHMOND,ROAD,, BANGALORE,-,560,025., REPRESENTED,BY,ITS,LEGAL,MANGER., …RESPONDENTS, (BY,SRI.,RAVI,,S.,SAMPRATHI,,ADVOCATE,FOR,R2,, ,,,,,,VIDE,ORDER,DATED,23.08.2023,NOTICE,TO,, R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE