K. L. Shankar, S/o Linganna v. Balakistaiah C, S/o Purushotham Setty C
2020-03-19
ASHOK G NIJAGANNAVAR, S.N.SATYANARAYANA
body2020
DigiLaw.ai
JUDGMENT : The claimant in MVC No.247/2015 on the file of XXI Additional Small Causes Judge and the MACT, Bengaluru, has come up in this appeal seeking enhancement of compensation awarded by the tribunal. 2. The material on record would indicate that the claimant an inmate of Indica car bearing registration No. KA 01 AA 9556 was proceeding from Bengaluru to Shigandoor along with his friends. The car in which he was traveling is said to have met with an accident with Swift car bearing registration No.KA 14 N 5092 which according to the claimant was driven in rash and negligent manner at high speed. In the said accident the claimant is said to have suffered injuries. Hence he was admitted to the hospital from 26.10.2014 to 30.10.2014 where he is said to have spent Rs.1,20,000/towards medical and other incidental charges and he would also state that because of the injuries he has suffered disability which has come in the way of his employment as plumbing contractor. Hence he has filed claim petition seeking compensation in a sum of Rs.30 lakh. 3. In the proceedings before the tribunal he has adduced evidence as PW.1 and produced in all 11 documents in support of his claim. As against that on behalf of respondents three witnesses were examined and 9 documents were produced. The tribunal on assessment of the same has noticed that there is no nexus between the accidental injuries and the documents which are relied upon by the claimant. 4. Admittedly the accident was occurred on 13.10.2013. However, his claims of admission to hospital for treatment of injuries caused in the accident is from 26.10.2014 i.e., one year 13 days after the date of accident. It is stated that he is said to have taken treatment as inmate for 5 days. The treatment which he has taken and the injuries he has suffered have no nexus which is discussed by the tribunal in paragraph 17 of its judgment.
It is stated that he is said to have taken treatment as inmate for 5 days. The treatment which he has taken and the injuries he has suffered have no nexus which is discussed by the tribunal in paragraph 17 of its judgment. When the wound certificate is seen the injury that is suffered by the claimant is abrasion over right temporal region to an extent of 1 x 1 c.m., and abrasion over left foot to an extent of 2 x 1 c.m., With the said injuries the compensation awarded by the tribunal in a sum of Rs.45,000/itself is a princely sum for which he is not entitled to according to our opinion, particularly after looking into the documents which are furnished by the learned counsel for the respondent which are certified copies of the documents produced and marked in the Court below. 5. It is seen that subsequent to the claim petition was disposed off, the present appeal is filed seeking enhancement of compensation in a sum of Rs.30 lakh with delay of 599 days along with application seeking condonation of the same. When the entire documents available on record is seen, it is nothing but a false and frivolous claim which is made before the tribunal for minor injuries which are suffered in an accident which is said to have taken place on 13.10.2013 and making that as a ground the claimant is trying to put a tall claim for compensation relying upon his hospitalization in St. Theresa Hospital, which treatment cannot be related to the injuries said to have suffered by him in the accident. In that view of the matter, the present appeal is required to be dismissed at the stage of admission itself. 6. Further the appeal is filed with inordinate delay of 599 days, which is also not properly explained. Hence while considering the application in I.A.1/2018 filed seeking condonation of delay of 599 days, the main appeal itself is required to be dismissed for the reasons referred supra. Hence the application as well as appeal also does not merit consideration and the same are dismissed.