Sri. Narayan v. United India Insurance Company Ltd.,

JUDGMENT AND AWARD DATED:14.07.2023 PASSED IN MVC NO.2456/2022 ON THE FILE OF THE VIII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-5, 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 by the claimant seeking enhancement of compensation arising out of judgment and award dated

14.07.2023 passed by the VII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru1, in MVC No.2456/2022.

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

¶3Heard Sri. Girimallaiah, learned counsel appearing for the appellant and Sri.Rakesh M.T., learned

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counsel appearing for Sri.Chandrashekara Reddy M.V., learned counsel for the respondent No.1/insurer. Notice of this appeal to respondent No.2 is dispensed with vide order dated 10.08.2026.

¶3Sri.Girimallaiah, with all vehemence submits that the appellant has suffered fracture of Pulmonary Hemorrhage with left side Hemothorax; and, fracture of left side ribs (2nd to 7th ribs) as per Ex.P-6 – wound certificate. As per the discharge summary - Ex.P-8, he took treatment as indoor patient from 08.01.2022 to

14.01.2022 i.e., for a period of 7 days. The medical bills produced at Exs.P-12 to P-16 and prescriptions produced at Ex.P-13, shows that he has incurred medical expenses to the tune of Rs.1,68,639/-. He further submits that the Tribunal without taking into consideration the fact of injuries, awarded global compensation of Rs.50,000/- along with medical bills of Rs.1,68,639/0 and Rs.31,000/- towards 'loss of income during laid up period', in all,

awarded compensation of Rs.2,49,639/-, of which more than 50% is medical bills and as such, sought to enhance the compensation.

¶4Sri.Rakesh with equal vehemence submits that in the absence of any oral evidence by the doctor, who is the author of the document, the Tribunal has properly considered and awarded appropriate compensation and sought to dismiss the appeal.

¶5Having considered rival submissions, looking at the injuries suffered, though there is no evidence of doctor on disability, this Court is of the opinion that if another sum of Rs.50,000/- is awarded as global compensation, same would meet the ends of justice.

¶6Accordingly, this Court proceeds to pass the following: ORDER

(i) The appeal is allowed.

(ii) The judgment and award dated

14.07.2023 passed by the VII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru2, in MVC No.2456/2022, is hereby modified to extent of awarding another global compensation of Rs.50,000/- along with interest @ 6% p.a. from the date of petition till realization.

(iii) The respondent No.1/insurer shall deposit the compensation along with interest before the Tribunal within six weeks from the date of receipt of certified copy of this order.

(iv) On deposit, the Tribunal shall release the entire compensation amount in

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favour of claimant on due identification.

(v) No order as to costs.

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 17 ct-vn

((((((((((((HC-KAR, NC:(2026:KHC:43105( MFA(No.(8613(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010681782023( ( ( 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.8613(OF(2023(MV-I)( BETWEEN:(( SRI.,NARAYAN,, S/O,DODDAIAH,, AGED,ABOUT,47,YEARS,, R/AT,CHIKKAMARALAVADI,,, DODDAMARALAVAI,POST,AND,HOBLI,, KANAKAPURA,TALUK,, RAMANAGARA,DISTRICT,–,562,121., …APPELLANT, (BY,SRI.,GIRIMALLAIAH.,,ADVOCATE), AND:( 1., UNITED,INDIA,INSURANCE,COMPANY,LTD.,, REGIONAL,OFFICE,,T.P.,HUB,,, THKRISHI,BHAVAN,,6 ,,FLOOR,, HUDSON,CIRCLE,, NRUPATHUNGA,ROAD,, Digitally signedtiby BENGALURU,–,560,001., REKHA0R BY,ITS,MANAGER., Location: , High0Court of 2., SMT.,M.,CHITRADEVI,, Karnataka W/O,MARIMUTHU,N.,, MAJOR,(AGE,OF,R-2,NOT,KNOWN,, TO,APPELLANT), NO.2/97A,,KOMBURAMKADU,, KARUPPUREDDYYUR,POST,, P.N.,PATTY,,METTUR,TALUK,, SELAM,DISTRICT,–,636,404., TAMIL,NADU., …RESPONDENTS, (BY,SRI.,CHANDRASHEKARA,REDDY,M,V.,,ADVOCATE), THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988,AGAINST THE