AND

AWARD

DATED:24.06.2015 PASSED IN MVC NO.4234/2013 ON

THE FILE OF THE 2^ND ADDITIONAL SMALL CAUSES JUDGE

AND

28^TH

ACMM,

BENGALURU,

AWARDING

COMPENSATION OF RS.14,44,682/- WITH INTEREST AT

RS.6% P.A., FROM THE DATE OF THE PETITION TILL THE

DATE OF DEPOSIT AND ETC.,

IN MFA NO.4244/2017 (MV-I)

SRI. SHIVANANDA GOWDA PATIL,

@ SHIVANANDA S. PATIL,

@ PATIL SHIVANANDA GOWDA,

AGED ABOUT 43 YEARS,

S/O SIDDANA GOWDA PATIL,

R/O NO.1508, 2^ND CROSS, 6^TH MAIN,

5^TH STAGE, 1^ST PHASE, BEML,

RR NAGAR, BENGALURU-560 036.

(BY SRI. NAGARAJA REDDY D. ADVOCATE)

NATIONAL INSURANCE CO., LTD.,

NO.144, SHUBHARAM COMPLEX,

MG ROAD, BENGALURU-560 009.

REP. ITS MANAGER

3

MAJOR,

R/O NO.5928, SAPTHAGIRI NILAYA,

VIJAYANAGAR, 2^ND STAGE,

MYSORE-571 124.

... RESPONDENTS

(BY SMT. MANJULA N. TEJASWI, ADV., FOR R1,

V/O DTD-22/03/2022 NOTICE TO R2 IS D/W)

ACT PRAYING TO ENHANCE THE AWARD AMOUNT WITH

INTEREST AT THE RATE OF 12% P.A., TILL THE

REALIZATION PASSED BY THE HON9BLE II ADDL. SMALL

CAUSES JUDGE AND XXVIII ACMM AT BENGALURU IN

MVC.NO.4234/2012 BY THE JUDGMENT AND AWARD

DATED 24.06.2015 AND ETC.,

THESE M.F.As. COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

The appeal in MFA No.7477/15 is filed by the

Insurance Company challenging the Judgment and Award

dated 24.06.2015 passed in MVC No.4234/2015 by the II

Addl. Small Causes Judge & XXVIII ACMM, Bengaluru and

P.O., MACT, Bengaluru, challenging the quantum of Award.

The appeal in MFA No.4244/2017 is filed by the

claimant seeking for enhancement of compensation.

4

3.

The brief facts of the case are that on

13.07.2013, at about 4.00 p.m., when the petitioner was

riding motorcycle bearing Registration No. KA-16/J-3064

along

with

a

pillion

rider

on

Nehru

Main

Road,

Rajarajeshwari Nagara, Bengaluru, the rider of motorcycle

bearing Registration No. KA-09/ES-1682 came in a high

speed and dashed against the petitioner9s motorcycle and

due to the impact, the petitioner sustained grievous

injuries and suffered disability. Hence, he preferred the

claim petition in MVC No.4234/2015 against the rider of

the offending motorcycle and the Insurance Company.

The Tribunal has awarded compensation to the claimant

awarding a sum of Rs.14,44,682/- with interest at 6% per

annum from the date of petition till deposit and directing

the Insurance Company to deposit the entire compensation

amount.

4.

Learned counsel appearing for the Insurance

Company submitted that there is no evidence produced by

the claimant to show that he had suffered loss of future

earning and the claimant has not produced his bank

5

passbook / statement subsequent to the month of June,

2013. Further, even after the accident, to show that the

claimant is not working in any other company and he has

sustained loss of earning, he has not produced the bank

passbook for the month of July, 2013. The bank passbook

produced by the claimant is only upto 29.06.2013.

Therefore there is no evidence from the claimant9s side to

show that he has suffered loss of future earning. Learned

counsel further submitted that Exhibit P20 is the bank

statement of the Company in which the claimant was

working and it is upto 07.06.2013. It does not reflect the

salary of Rs.60,000/- was given to the claimant. Therefore

it is doubtful that the claimant was receiving salary of

Rs.60,000/- per month before the accident. Under the

circumstances, the salary slip exhibits P17 and P20 cannot

be believed.

5.

Learned counsel submitted that in order to

prove loss of future earning, claimant has not produced

any evidence much less the bank passbook of July, 2013

to show that he had lost the job or he left the job and

6

therefore did not receive any salary. Therefore in the

absence of any evidence, the award of compensation

under the head < Future loss of earning= by the Tribunal is

not correct.

6.

Learned counsel for the Insurance Company

further submitted that the claimant admitted in his

evidence that he has got insurance coverage for medical

ex