Karnataka High Court
Sri Liyakat Ali Khan vs Smt Sumangala B on 11 January, 2013
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
MISCELLANEOUS FIRST APPEAL NO.10998 OF 2012 (MV)
BETWEEN:
Sri.Liyakat Ali Khan,
S/o Sri.Kasim Khan,
Age: 44 Years, Occ: Nil,
R/o No.43E, Sompura,
Dabas Pet, Nelamangala Taluk,
BANGALORE DISTRICT - 562 111. .. APPELLANT.
(By Smt.Sunitha B.H., for
Sri.Suresh M.Latur, Adv.)
AND:
1. Smt.Sumangala B,
No.84, Laxmi Nilaya,
6th Cross, SRS Road,
Peenya,
BANGALORE - 58.
2. The Manager,
ICICI Lombard General
Insurance Co. Ltd.,
No.89, 2nd Floor,
PVR Complex,
Hosur Main Road, Madivala,
Kormangala,
BANGALORE. ... RESPONDENTS.
*-*-*-*-*-*-*-*
2
This Appeal is filed under Section 173(1) of the Motor
Vehicles Act against the Judgment and Award dated
05.09.2012 passed in MVC.No.8140/2011 on the file of XXII
Additional Small Causes Judge & Member, MACT, Bangalore,
partly allowing the claim petition for compensation and
seeking enhancement of the same.
This Appeal coming on for Admission this day, the
Court delivered the following:
JUDGMENT
Claimant in MVC No.8140/2011 on the file of MACT, Bangalore, has come up in this appeal seeking enhancement of compensation for the following injuries suffered in the road traffic accident dated 01.10.2011:
1. Fracture of left tibia and fibula mid 1/3rd;
2. Fracture Sacrum of Pubic Symphysis;
3. Fracture of 5th, 6th, 7th & 8th ribs and other injuries.
2. It is stated that the accident was caused due to rash and negligent driving of car bearing No.KA-02/MF-4782 belonging to first respondent and insured with second respondent before the Tribunal. In the Claim Petition filed by him, he was examined as P.W.1 and also examined three 3 other witnesses, D.Wellesley Stephen, Manager, Medical Records Department, BGS Global Hospital, to produce the medical records pertaining to claimant in the said hospital and two other doctors, who are said to have treated the claimant in the said hospital. In all 24 documents are produced and marked as Exs.P-1 to P-24.
3. The Tribunal on appreciation of oral and documentary evidence available on record, accepted the accident resulting in injuries to claimant, the same is caused due to rash and negligent driving of offending vehicle. Also accepted the avocation of claimant as driver of auto rickshaw and awarded compensation in a sum of Rs.7,45,000/-, out of which Rs.75,000/- is towards pain and agony, Rs.3,60,000/- towards medical conveyance and nourishment charges, Rs.25,000/- towards loss of earnings during treatment period, Rs.2,10,000/- towards loss of future earnings, Rs.50,000/- towards future medical expenses and Rs.25,000/- towards loss of amenities and enjoyment of life. 4
4. Heard the counsel for appellant. Perused the Judgment impugned. On going through the same, compensation awarded in a sum of Rs.75,000/- towards pain and injuries is on higher side, so also loss of earning during treatment period and loss of future earnings and medical expenses. In that view of the matter, when the compensation awarded itself is on higher side, question of admitting this appeal seeking enhancement does not arise. Accordingly the same is dismissed.
Sd/-
JUDGE AGV.