SRI. RAMAMURTHY v. SRI. NAGARAJU H.

BHARATHI AXA GENERAL INSURANCE COMPANY LIMITED FIRST FLOOR, THE FERNS ICON SURVEY NO.28 NEXT TO AKME BALLET DODDANEKUNDI SHARADAVANI B Location: High Court of Karnataka - 2 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR OFF:OUTER RING ROAD BANGALORE - 560 037. (BY SRI H. LOKESH, ADVOCATE FOR R1 (ABSENT); SRI B. PRADEEP FOR R2, ADVOCATE) …RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2015 PASSED IN MVC NO.6076/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION OF COMPENSATION. ENHANCEMENT SEEKING AND THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant and learned counsel for respondent No.2 are present.

2. Learned counsel for respondent No.1 is absent, as it is an old matter. This Court proceeded to dispose of the matter.

3. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 13.03.2015 passed in MVC No.6076/2012 by the Court of the XXII - 3 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR Additional Small Causes Judge and Member Motor Accident Claims Tribunal, Bengaluru, (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation.

4. The injured claimant met with a road traffic accident on 07.06.2012 and filed a claim petition seeking compensation of Rs.15,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.33,289/- with interest at 6% per annum from the date of petition till realization. Aggrieved by the said award, the present appeal is preferred.

5. It is mainly contended that the appellant sustained the following grievous injuries: i. Blunt trauma all over the body, particularly to the left leg; ii. Segmental fracture of the left tibia with no external injury.

6. As per Ex.P7, the wound certificate, the injures sustained by the claimant is grievous in nature. However, the Tribunal awarded only meager compensation, despite - 4 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR the claimant having been treated as an inpatient for a period of six days. The claimant could not attend to his work for about three months. It is further contended that the Tribunal fixed liability only on respondent No.1, the owner of the car, on the ground that there was no insurance coverage. He filed a valid policy, but it was not considered and the Tribunal erred in not fixing liability on respondent No.2 and thus requested for enhancement of the compensation.

7. Learned counsel for respondent No.2 submits that the accident occurred on 07.06.2012, whereas the insurance policy was valid from 19.08.2012 to 18.08.2013. Hence, there was no insurance coverage on the date of accident. Therefore, the Tribunal has rightly exonerated respondent No.2 and fixed liability on respondent No.1. This Court finds no reason to interfere with the said finding.

8. Though the appellant has not examined doctor as per Ex.P7, it discloses that the claimant sustained two - 5 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR grievous injuries. He sustained blunt trauma all over the body, particularly to the left leg and a segmental fracture of the left tibia with no external injury, which are grievous in nature. He was hospitalized for six days and an implant was fixed to the left leg. Considering the nature of injuries and treatment, the claimant is entitled to: i. ii. Rs.20,000/- towards pain and suffering; Rs.10,000/- towards loss of amenities; iii. Rs.10,000/- towards transportation, extra nourishment and attendant charges.

9. The accident occurred in the year 2012. The claimant’s notional monthly income is taken at Rs.7,000/-. As per the chart prepared by the Karnataka State Legal Services Authority. As he would not have been able to work for at least two months, a sum of Rs.14,000/- is awarded towards 'loss of income during the laid-up period'.

10. The Tribunal awarded Rs.8,289/- towards 'medical expenses' and the same is confirmed. - 6 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR

11. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Pain and suffering Loss of amenities Transportation, nourishment and attendant charges Loss of income during laid up period Medical expenses Total 20,000.00 10,000.00 10,000.00 14,000.00 8,289.00 62,289.00

12. In summary, the appellant/claimant is entitled to a total compensation of Rs.62,289/- as against Rs.33,289/- awarded by the Tribunal. The enhanced compensation works out to Rs.29,000/-. To this extent, the award passed by the Tribunal is modified.

13. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment

13.03.2015 passed in MVC No.6076/2012, by the Court of the XXII Additional Small - 7 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR Causes Judge and Member Motor Accident Claims Tribunal, Bengaluru, is hereby modified; iii. The appellant-claimant is entitled for total compensation of Rs.62,289/- with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1-owner of the offending vehicle is directed to deposit the said compensation amount with interest at the rate of 6% within one month from the date of this order. v. Owner of the vehicle/respondent No.1 is directed to deposit Rs.62,289/- within one month from the date of this order along with interest. vi. On such deposit, appellant/claimant permitted to withdraw the entire amount along with accrued interest. - 8 - NC: 2026:KHC:4826 MFA No. 6882 of 2015 HC-KAR vii. Respondent No.2-Insurance Company is exonerated from paying the liability. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 54