Karnataka High Court
Master Karthik vs Gopal Shetty on 17 July, 2012
Bench: N.K.Patil, S.N.Satyanarayana
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
MISCELLANEOUS FIRST APPEAL NO.12002 OF 2005 (MV)
BETWEEN:
Master Karthik,
S/o Late Kenchappa Shetty,
Aged about 15 Years,
Residing at C/o Prabhakar,
KSRTC Driver, Near Garody,
Kankanady,
MANGALORE.
Appellant is Minor, represented
by his mother and natural
Guardian, Smt.Jyothi,
W/o Late Kenchappa Shetty. ... APPELLANT.
(By Sri.Dayanand S.Patil, Adv.)
AND:
1. Gopal Shetty,
S/o Sheshappa Shetty,
Occ: Coffee Planter,
Owner of Jeep bearing
Registration No.KA-18/M-4977,
SANGAMESHWARA POST.
2. The Manager,
United India Insurance Co., Ltd.,
2
Thogariakal Circle, I.C.Road,
CHICKMAGALORE DT.
3. The Branch Manager,
New India Assurance Company Ltd.,
Panduranga Complex,
Kollapuramma Tank Street,
CHICKMAGALORE. ...RESPONDENTS.
(By Sri.P.B.Raju, Adv. for R-2,
Sri.O.Mahesh, Adv. for R-3,
Respondent No.1 - Served)
*-*-*-*-*-*-*-*
This appeal is filed under Section 173(1) of the Motor
Vehicles Act, against the Judgment and Award dated
25.05.2005 passed in MVC No.1964/2002 on the file of the
Principal District Judge, Member, MACT-1, D.K., Mangalore,
partly allowing the Claim Petition for compensation and
seeking enhancement of compensation.
This appeal coming on for Final Hearing this day,
N.K.PATIL J., delivered the following:
JUDGMENT
This appeal is by the claimant against common Judgment and Award dated 25.05.2005 passed in MVC No.1964/2002 on the file of the Principal District Judge and MACT, D.K., Mangalore. The Tribunal by its common Judgment, has awarded a sum of Rs.45,000/- with interest at 6% p.a., from the date of the petition till the date of deposit, for the injuries sustained by the claimant in the road traffic 3 accident that occurred on 15.05.2002. Being dissatisfied with the quantum of compensation, the appellant has presented this appeal seeking enhancement.
2. The case of the claimant is that the claimant met with an accident on 15.05.2002 and sustained lacerated wound of 5 x 1 cm over the left parietal region of the skull and he underwent treatment for a period of ten days in the City Hospital, Mangalore and has spent Rs.19,742/- towards medical expenses, Rs.5,000/- towards incidental charges. Taking all these aspects into consideration, he filed a Claim Petition seeking compensation against the owner cum driver and insurer of the vehicle. When the said matter had come up for consideration before the Tribunal, the Tribunal after assessing oral and documentary evidence and after scrutinising the materials available on record, has awarded a sum of Rs.45,000/- with interest at 6% p.a., from the date of the petition till the date of deposit. Not being satisfied with the quantum of compensation, the appellant has filed the instant appeal seeking enhancement of the same. 4
3. We have heard the learned counsel appearing for the appellant and the respondents 2 and 3. After careful perusal of the common judgment, particularly Para 12, it is seen that the Tribunal is justified in awarding Rs.20,000/- towards injury, pain and suffering, Rs.20,000/- towards medical expenses and Rs.5,000/- towards incidental expenses, in all a sum of Rs.45,000/- with interest at 6% p.a., from the date of petition till realisation. We do not find any justification or good ground to interfere in the well considered Judgment. What is awarded is just and reasonable and interference by this Court is not called for.
Hence the appeal filed by the appellant is dismissed as devoid of merits.
Sd/-
JUDGE Sd/-
JUDGE AGV.