Karnataka High Court
Smt Veena K vs Mr Krishnanda Chatra on 4 April, 2014
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4th DAY OF APRIL 2014
BEFORE
THE HON'BLE MR.JUSTICE HULUVADI G. RAMESH
M.F.A.No.11312 / 2011 (MV)
Between :
Smt.Veena K.
W/o Jayamoily, aged 43 years,
R/at Devasa House,
Kavoor village, Kavoor,
Mangalore Taluk. .. Appellant
( By Sri P.Karunakar Associates )
And :
1. Krishnananda Chatra,
S/o late Sri Govida Chatra,
R/at Durgamba Motors,
Hangaloor, Kundapura Taluk,
Udupi Dist.
2. The New India Assurance Co.Ltd.,
Pushpa Building, Main Road,
Kundapura, Udupi Dist.
3. Jaya Moily,
S/o late Lingappa Moily,
R/at Devasa House,
Kavoor village, Kavoor,
Mangalore Taluk.
2
4. The New India Assurance Co.Ltd.,
Essel Chambers, III Floor,
Karangalapady, Kodialbail Post,
Mangalore Taluk. .. Respondents
( By Sri M.S.Sriram, Advocate for R-2 )
This MFA is filed under Section 173(1) of the Motor Vehicles
Act against the judgment and award dated 29.12.2010 passed in
MVC.No.819/2008 by the II Addl.District Judge, MACT-III, Dakshina
Kannada, Mangalore, seeking enhancement of compensation.
This Appeal coming on for orders this day, the Court
delivered the following :
JUDGMENT
This appeal by the claimant seeking enhancement of compensation is against the judgment and award passed by the learned II Addl.District Judge & MACT-III, Dakshina Kannada, Mangalore, in MVC.No.819/2008, dated 29th December 2010.
2. It is the case of the claimant that on 12.2.2008 at about 6.15 p.m. when she was going as a pillion rider on Honda Activa motorcycle bearing registration No.KA-19-S-6356, near KPT junction, Kadri hills, a bus bearing registration No.KA-19-A-8388 came in a rash and negligent manner and dashed against the 3 motorcycle due to which, she fell down and sustained grievous injuries. As such, claimant filed claim petition before the Tribunal seeking compensation.
3. On the matter being contested by the respondent- insurer, the Tribunal raising relevant issues for consideration, after enquiry, holding that the accident was due to negligence on the part of the driver of the bus in question, awarded total compensation of Rs.1,61,073/- with interest at 6% p.a. Being not satisfied, the claimant/appellant is before this Court seeking enhancement of compensation.
Heard the learned counsel representing the parties.
4. As per the wound certificate, claimant has sustained fracture of shaft of right humorous lower 1/3 rd. She was hospitalised for 10 days. Claimant was aged 40 years as on the date of accident. She was working as Clerk at Vidya Education Trust, Mangalore. Having regard to the nature of injuries suffered by the claimant, she is awarded another sum of Rs.25,000/- towards loss of amenities and enjoyment in life and Rs.10,000/- 4 towards incidental expenses. Thus, in all the claimant is entitled to compensation of Rs.35,000/- over and above the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of deposit. The impugned judgment and award passed by the Tribunal is modified accordingly. The respondent-insurer to deposit the amount within three months. The claimant is not entitled on the enhanced amount for the delay period.
Appeal is allowed in part accordingly.
Sd/-
JUDGE bk/