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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.5360 OF 2013(MV)
BETWEEN:
SRI. SARVANAN
S/O PONNASWAMY
AGED ABOUT 28 YEARS
# 406, 4TH MAIN
HARO HALLI, BOMMANAHALLI(P)
BENGALURU-68.
... APPELLANT
(BY SRI. N.M.PRUTHVI RAJ, ADV. )
AND
1. MR. RAJESH R.,
S/O RAMOJI RAO
AGED MAJOR
ANJANEYA LAYOUT
ADEPET,
NELAMANGALA TOWN-562123.
2. THE ORIENTAL INSURANCE CO. LTD.,
D O 7, PEENYA,
#20, FIRST FLOOR
100 FEET ROAD
JALAHALLI CROSS
2
BANGALORE-21.
... RESPONDENTS
(BY SRI. Y.K.SHESHAGIRI RAO, ADV. FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DTED:07.03.2014)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED: 25.03.2013 PASSED IN MVC NO.865/2008,
ON THE FILE OF THE I ADDITIONAL SMALL CAUSE
JUDGE, AND XVII ACMM, MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimant being aggrieved by the judgment dated 25.03.2013 passed by the Motor Accident Claims Tribunal.
2. Facts giving rise to the filing of the appeal briefly stated are that on 05.12.2007 at 5.30 p.m., the claimant was proceeding on his motorcycle 3 bearing Reg.No.KA-51/E-8542, when he returned to house from his work place, near Koodlu Junction, Hosur road, at that time, tempo bearing Reg.No.KA- 54-75 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Section 166 of the Act on the ground that he was working in a Emeerson Network Co., Koramangala Bangalore and was earning Rs.12,000/- per month. It was pleaded that he also spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.
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4. On service of notice, the respondent No.2 appeared through its counsel and filed written statement in which the averments made in the petition were denied. It was further pleaded that the accident was due to rash and negligent riding of the vehicle by the claimant himself and accident was not due to any rash and negligent driving of the offending vehicle. Hence, he sought for dismissal of the petition.
The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex-parte.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and examined eyewitness as PW-2 and got exhibited 10 documents namely Ex.P1 to Ex.P10. On behalf of the respondents, Senior 5 Assistant was examined as RW-1 and got exhibited 2 documents namely Ex.R1 to Ex.R2. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.5,000/- along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has raised the following contentions.
Firstly, due to the accident the claimant has suffered three injuries and he was inpatient for a period of 3 days and he has suffered lot of pain during the treatment. The global compensation of Rs.5,000/- 6 awarded by the Tribunal is on the lower side. Hence, he sought for allowing the appeal.
7. On the other hand, the learned counsel for the Insurance Company has raised the following contentions.
Firstly, the injuries suffered by the claimant are minor in nature. The overall compensation awarded by the Tribunal is just and reasonable. Hence, he sought dismissal of the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal and original records.
9. It is not in dispute that the claimant has suffered injuries in a road traffic accident occurred on 05.12.2007, due to rash and negligent driving of the offending vehicle by its driver. Due to the accident the claimant has suffered the following injuries.
1. Sutured lacerated over the frontal regions 1.5 cm, 7
2. Head injury left acute temporal region 1.5 cm and
3. Multiple abrasions over right shoulder and both knees.
Taking into consideration the evidence of the parties and considering Ex.P8, discharge summary, I am of the opinion that, the global compensation of Rs.25,000/- is awarded with 6% interest to the claimant.
The Insurance Company is directed to deposit the compensation amount along with interest at 6% p.a. from the date of petition till the date of payment within a period of four weeks from the date of receipt of copy of this judgment.
To the aforesaid extent, the judgment of the Claims Tribunal is modified.
Accordingly, the appeal is allowed in part.
Sd/-
Mkm JUDGE