Karnataka High Court
The Manager vs Yatagiri Syamalamma on 4 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:25693
MFA No. 2174 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 2174 OF 2019 (MV-I)
BETWEEN:
THE MANAGER
IFFCO -TOKIO GIC LTD.,
MOTOR CLAIMS HUB
NO.141, 4TH FLOOR SRI SHANTHI TOWERS
OPP CUPA 3RD MAIN
EAST OF NGEF LAYOUT
KASTHURINAGAR BENGALURU-43.
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. YATAGIRI SYAMALAMMA
W/O LATE YATAGIRI ANJANEYULU
@ Y ANJANEYULU, AGED ABOUT 42 YEARS.
2. Y MAHESH
Digitally signed by B S/O LATE YATAGIRI ANJANEYULU
K @ Y ANJANEYULU, AGED ABOUT 29 YEARS.
MAHENDRAKUMAR
Location: HIGH
COURT OF 3. Y MADHU
KARNATAKA
S/O LATE YATAGIRI ANJANEYULU
@ Y ANJANEYULU, AGED ABOUT 21 YEARS.
4. Y VENKATAMMA
S/O LATE Y LAKSMANNA
AGED ABOUT 76 YEARS,
ALL ARE R/AT 7/23, MAIN ROAD,
NALLACHERUVU, ANANTAPUR DISTRICT AP-515551
AND ALSO R/O 1-15 PANTHULACHERUVU
ANATHAPUR DISTRICT AP-515 551.
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NC: 2024:KHC:25693
MFA No. 2174 of 2019
5. RAVI E
S/O ERAPPA NO.94, DODDATHOGUR
ELECTRONIC CITY POST
BANGALORE-560 100.
...RESPONDENTS
(BY SRI. K T GURUDEV PRASAD, ADVOCATE FOR R1 TO R4;
V/O/DT:22.02.2024 NOTICE TO R5 IS H/S)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.01.2019, PASSED IN MVC
NO.2943/2017, ON THE FILE OF THE V ADDITIONAL SMALL
CAUSES JUDGE & XXIV ACMM., MEMBER, MACT, (SCCH-20),
MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION
OF RS.8,45,000/- WITH INTEREST @9% P.A., FROM THE DATE
OF PETITION TILL ITS REALIZATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of the Motor Vehicles Act, 1988 arises out of the judgment and award dated 3.1.2019 in MVC No.2943/2017 passed by the Motor Accident Claims Tribunal and V Additional Small Causes Judge & XXIV ACMM, Member, SCCH-20 Mayo Hall Unit, Bengaluru, Bangalore.
2. The claimants filed a claim petition under Section 166 of the MV Act, seeking just and proper compensation on account of the death of Yatagiri Anjaneyalu, @ Y. Anjaneyalu, who sustained accidental injuries on 26.4.2017 at 11:30 p.m., and succumbed to them on 9.5.2017. The Tribunal awarded compensation of Rs.8,45,000/- with interest at the rate of 9% p.a. The insurance company is appealing, challenging the liability to pay the compensation.
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3. The learned counsel for the appellant submits that Ex.R1, which is the wound certificate, clearly establishes that the deceased died due to a self-inflicted fall from the motorcycle under the influence of alcohol in a road traffic accident. He further argues that the FIR was lodged on 9.5.2017 after an inordinate delay of more than 13 days without a plausible explanation for the delay in filing the FIR.
4. Per contra, the learned counsel for the respondents- claimants argues that the evidence on record clearly establishes that the deceased died due to accidental injuries sustained by him from a fall from the motorcycle while he was traveling as a pillion rider, caused by the rash and negligent riding of the motorcycle rider. Therefore, the Tribunal rightly awarded the compensation and held the insurance company liable to pay the compensation amount.
5. The arguments of the learned counsel for the parties have been duly considered.
6. Ex.P.1 is a copy of the FIR, and Ex.P.2 is the complaint, which discloses that the deceased, when traveling as a pillion rider, succumbed to accidental injuries due to the rash and negligent riding of the motorcycle rider. Ex.P.3 is an intimation dated 27.4.2017 issued by the Bowring and Lady Curzon Hospital to the jurisdictional police, reporting the accidental injuries sustained by the deceased in a road traffic accident.
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7. Ex.P.7 is the IMV report issued by the Bowring and Lady Curzon Hospital, indicating that the deceased, when traveling as a pillion rider, died due to a fall from the bike. The investigating officer was examined as P.W.3, and in his examination-in-chief, he stated that the head constable had received the intimation issued by the Bowring and Lady Curzon Hospital on 27.4.2017 regarding the injuries sustained by the deceased in a road traffic accident. He further stated that the police also received information about the death of the deceased on 9.5.2017. Additionally, as per police records, the rider of the motorcycle also suffered grievous injuries in the accident, which is evident from Ex.P.18 issued by Fortis Hospital, indicating that the rider of the motorcycle sustained grievous injuries in a road traffic accident.
8. Although the accident took place on 26.4.2017 at 11:30 p.m., the FIR was lodged on 9.5.2017. Since the deceased, who suffered injuries in a road traffic accident on 26.4.2017 at 11:30 p.m., succumbed to the injuries on 9.5.2017, the contention of the learned counsel for the insurance company that the FIR was lodged without a plausible explanation for the delay is not acceptable.
9. The evidence of P.W.3, the investigating officer, the charge sheet material, and the intimation issued by the Bowring and Lady Curzon Hospital clearly establish that the deceased died while traveling on a motorcycle as a pillion rider due to the rash and negligent riding of the motorcycle rider.
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10. I do not find any illegality in the impugned order passed by the Tribunal.
11. Accordingly, the appeal is dismissed. However, the Tribunal awarded interest at the rate of 9% p.a., which is exorbitant, and the same is reduced to 6%. Hence, the claimants are entitled to a total compensation of Rs.8,45,000/- with interest at the rate of 6% p.a. from the date of the petition until its actual realization.
12. The amount in deposit before this Court is to be transmitted to the jurisdictional Tribunal.
Sd/-
JUDGE HR