Shashidhar Bhat vs Nisha Rego on 16 January, 2013

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Karnataka High Court

Shashidhar Bhat vs Nisha Rego on 16 January, 2013

Bench: S.N.Satyanarayana

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   IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 16TH DAY OF JANUARY 2013

                           BEFORE

       THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

                  M.F.A.NO.6232/2012 (MV)


BETWEEN:

Shashidhar Bhat
S/o Shrinivas Bhat
Aged about 33 years
R/at House No.4-30(3),
Bolmaraguthu, Neerumarga,
Karkala, Udupi District.                      ... Appellant

(By Sri Raju Bhat, Advocate)


AND:

   1. Nisha Rego
      Aged about 44 years
      D/o Norbert Rego
      Hill View, Behind Mahaveer College,
      Moodbidri, Udupi District - 574 227.

   2. National Insurance Co. Ltd.,
      1st Floor, Nityananda Complex,
      Near Bus Stand,
      Moodbidri, Udupi District - 574 227.
                                          ... Respondents

(By Sri A.M.Venkatesh, Advocate for R2
R1-Notice dispensed with)
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      This Appeal is filed under Section 173(1) of MV Act
against the judgment and award dated 16.7.2011 passed in
MVC.No.297/2010 on the file of Senior Civil Judge, Additional
MACT, Karkala, partly allowing the claim petition for
compensation and seeking enhancement of compensation.

       This appeal coming on for Admission this day, the Court
delivered the following:


                          JUDGMENT

The claimant in MVC.No.297/2010 on the file of MACT, Karkala, has filed this appeal seeking enhancement of compensation awarded therein for the injuries suffered in a road traffic accident dated 6.9.2007 involving Maruthi Omni car bearing No.KA-19/N.7091 belonging to claimant and Maruthi car bearing No.KA-19/P.2328. The accident is not in dispute. So also injuries i.e., closed head injury and lacerated wound over the forehead on the right side 1"x1/2"x1/2"

suffered in aforesaid accident. In the proceedings before Tribunal, on appreciation of oral and documentary evidence available on record the Tribunal awarded global compensation in a sum of Rs.5,000/-.

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2. On going through the judgment impugned, it is seen that for the simple injuries compensation awarded in a sum of Rs.5,000/- appears to be just and proper. However, considering the fact there is hospitalisation for a period of 3 days and further treatment for recuperation from the aforesaid head injury, if another sum of Rs.5,000/- is awarded, it would meet the ends of justice.

3. Accordingly, the appeal is allowed in part awarding enhanced compensation in a sum of Rs.5,000/- along with interest at 6% pa., from the date of petition till deposit. The judgment and award dated 16.7.2011 passed in MVC.No.297/2010 is modified.

Sd/-

JUDGE nd/-

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