-1IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY 2016
BEFORE
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY
MFA NO.3880/2012 (MV)
BETWEEN:
SRI. K. KUMAR,
S/O. KEMPARAMAIAH,
AGED ABOUT 25 YEARS,
R/O. KALLAIAHNAPALYA VILLAGE,
HEBBUR HOBLI – 572120,
TUMKUR TALUK & DISTRICT.
... APPELLANT
(BY SRI. M.B. RYAKA FOR SRI. V.B. SIDDARAMAIAH, ADV.)
AND:
1. THE ORIENTAL INSURANCE CO., LTD.,
BRANCH OFFICE, 1ST FLOOR,
T.G.M.A. BUILDING,
J.C. ROAD, TUMKUR TOWN-572 101.
REP. BY ITS BRANCH MANAGER.
2. SMT. N.H. PUTTAHONNAMMA,
W/O. N.R. REVANNA,
AGED ABOUT 45 YEARS,
R/O. RENUKA NILAYA,
IN FRONT OF RAILWAY STATION,
SHANTHINAGAR,
TUMKUR-572 101.
… RESPONDENTS
***
-2-
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 10.06.2011 PASSED IN MVC
NO.95/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, CJM, TUMKUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the claimant seeking enhancement of
compensation being aggrieved by the impugned judgment and
award passed by the Tribunal in MVC No.95/2009 on the file
of the Additional Senior Civil Judge, CJM, Tumkur.
2.
The claim petition came to be allowed by the
Tribunal by awarding compensation of Rs.25,200/-. The
claimant has produced documents which are marked at Ex.P17 and Ex.P-18 which disclose that he has paid Rs.200/- for
x-ray. In order to substantiate the injuries, wound certificate
and Discharge Summary have been produced as per Ex.P-5
and Ex.P-7. But in respect of these documents, the doctors
have not been examined and the Discharge Summary Ex.P-7
-3disclose that he was treated as an in-patient for 4 days in the
hospital. It is further discussed that on account of nonexamination of the doctor, adverse inference was drawn
against the claimant. The Tribunal has accepted the fact that
he has suffered injuries by referring Ex.P-5 and P-7 and has
awarded a sum of Rs.25,200/-. Therefore it is not a case of
rejection of case of the appellant.
3.
When some compensation is awarded, it should be
a just compensation. Though the Insurance Company is
made as party, the liability is fastened on the owner of the
vehicle for non-existence of the valid policy. Be that as it may,
on the basis of available documents and also of the fact that
some compensation is awarded believing the fact that the
claimant has suffered injuries in the road traffic accident is to
be adequately compensated as per the provisions of the MV
Act.
Accordingly, a global compensation of Rs.25,000/- is
awarded in addition to Rs.25,200/- awarded by the Tribunal.
-44.
The appellant is entitled for a total compensation
of Rs.50,200/- in place of Rs.25,200/- awarded by the
Tribunal.
Accordingly, appeal is allowed in part.
Sd/JUDGE
Snc