Research › Search › Judgment

Karnataka High Court · body

2018 DIGILAW 131 (KAR)

R. Kumari Kavya v. G. M. Malleshappa

2018-01-22

K.SOMASHEKAR

body2018
JUDGMENT : 1. Heard the learned counsel for the appellant and the learned counsel for the 2nd respondent-insurer. Perused the records. 2. Though the matter is listed for admission, with the consent of both the parties, the same is heard for final disposal. 3. The injured-claimant has preferred this appeal, being not satisfied with the quantum of compensation awarded in the impugned judgment dated 30.10.2015, passed by the I Additional Senior Civil Judge and MACT-V, Davanagere, made in MVC No.826/2014, seeking enhancement of compensation. 4. The facts of the case are that on 16.02.2014 when the injured-claimant was traveling in an autorickshaw bearing registration No. KA-17/A-9582, the car bearing registration No. KA-14/M-8181 coming from the opposite direction and driven by its driver in a rash and negligent manner, dashed against the autorickshaw. Due to the impact, the claimant suffered grievous injuries and took treatment in the hospital by incurring Rs.1,00,000/- for medicine. 5. After service of notice, the 1st respondent- owner of the offending vehicle and the 2nd respondent - the insurer did appear before the tribunal, filed written statement and contested the claim petition. During the enquiry before the tribunal, the claimant has established the occurrence of the accident, actionable negligence on the part of the driver of the offending vehicle and its insurance coverage with 2nd respondent herein and the same has remain unchallenged either by the owner of the vehicle or by the insurer. 6. The Tribunal, after evaluation of the oral and documentary evidence has held that the accident had occurred due to rash and negligent driving of the driver of the offending vehicle and consequently awarded global compensation of Rs.30,000/- with interest at 6% per annum from the date of petition till the date of realization. 7. The learned counsel for the appellant vehemently submitted that the compensation awarded by the Tribunal is on the lower side and prays for enhancement in the compensation. 8. Per contra, the learned counsel appearing for the insurer submitted that the Tribunal, on appreciation of the evidence and material on record has rightly determined the compensation payable to the claimant and awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal. 9. 8. Per contra, the learned counsel appearing for the insurer submitted that the Tribunal, on appreciation of the evidence and material on record has rightly determined the compensation payable to the claimant and awarded just and fair compensation, which does not call for interference and prays for dismissal of the appeal. 9. On careful evaluation of the material on record, it is seen that though the claimant has claimed that she has spent nearly Rs.1,00,000/- towards medicine, no medical documents have been produced, in support of her claim. Wound certificate issued by the Doctor which has been marked as Ex.P.5 reveals that the claimant-injured sustained the following injuries: (a) Fracture both bones of right leg (b) Grievous injuries on other parts of the body. The claimant-appellant has failed to examine the doctor who treated her in Chigateri District Hospital, Davanagere, where she was initially treated, whereas she has examined Dr.Prabhu Basavanagowda, Orthopedic Surgeon of Basaveshwara Health Centre, Davanagere, who has opined that the fractured elbow will join in routine course. However, having regard to the nature of injuries sustained by the claimant - appellant, this Court is of the considered view that though the Tribunal was justified in awarding global compensation, the same is slightly on the lower side and interest of justice would be met if another sum of Rs.70,000/- is awarded, in addition to the compensation awarded globally. At this stage, learned counsel for the 2nd respondent-insurer submits that the insurer had already deposited the compensation awarded by the Tribunal, including the interest accrued therein. Accordingly, the appeal is allowed in part. In modification of the impugned judgment and award dated 30.10.2015, passed by the I Additional Senior Civil Judge and Member, MACT-V, Davanagere, in MVC. No.826/2014, the global compensation payable to the claimant is enhanced from Rs.30,000/- to Rs.1,00,000/- (Rupees one lakh only). The enhanced global compensation would come to Rs.70,000/-. However, it is made clear that the claimant-appellant shall not be entitled for any interest on enhanced compensation. The 2nd respondent - insurer shall deposit the enhanced compensation without interest, before the Tribunal within four weeks from the date of receipt of certified copy of this judgment and on such deposit, the same shall be disbursed to the claimant, on proper identification. There shall be no order as to the costs. Office to draw the decree accordingly.