Karnataka High Court
Bharath vs Edison Oswald on 29 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:29687
MFA No. 5166 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5166 OF 2019
BETWEEN:
BHARATH
S/O MAHESHA M T
AGED ABOUT 17 YEARS 5 MONTHS
MINOR R/P BY NATURAL GUARDIAN
MOTHER MEENA W/O MAHESHA M T
AGED ABOUT 36 YEARS
R/O BEHIND KALIKAMBA TEMPLE
MANDYA CITY-571401
...APPELLANT
(BY SRI. SREENIVASAN M Y.,ADVOCATE)
AND:
1. EDISON OSWALD
S/O STANELY OSWAL
Digitally signed by MAJOR
HEMALATHA A R/O CHURCH COMPOUND
Location: HIGH KOLLEGALA ROAD, MALAVALLI
COURT OF
KARNATAKA MANDYA DISTRICT-571421.
2. THE MANAGER
RELIANCE GENERAL INSURANCE CO LTD.,
1ST FLOOR, TRADE CENTER
L 36D, OPP KSRTC BUS STAND
MYSORE-570 001
...RESPONDENTS
(BY SRI. KEMPARAJU, ADVOCATE FOR R1:
SRI.RAVI S SAMPRATHI .,ADVOCATE R2)
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NC: 2024:KHC:29687
MFA No. 5166 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:23.01.2019
PASSED IN MVC NO.525/2015 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dated 23.01.2019 passed by the I Additional Senior Civil Judge and CJM, Mandya (hereinafter referred to as 'the Tribunal') in MVC No.525/2015.
2. Facts giving rise to the filing of the appeal briefly stated are that on 11.05.2015 when the claimant was proceeding on Moped bearing registration No.KA-11/X- 0797 as a pillion rider from Besagarahalli Ramanna Circle towards M.C.Road. When they were near R.K.Nursing Home, Indiragandhi hostel, at that time, a Tata 407 -3- NC: 2024:KHC:29687 MFA No. 5166 of 2019 vehicle bearing registration No.KA-11/A-3809 being driven by its driver at a high speed and in a rash and negligent manner, dashed to 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, seeking compensation. It was pleaded that he spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent Nos. 1 and 2 appeared through counsel and filed written statements denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, examined mother of the claimant as PW-1 and rider of the -4- NC: 2024:KHC:29687 MFA No. 5166 of 2019 moped was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P31. On behalf of the respondents, neither any witness was examined nor got exhibited documents. 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 well as the rider of the Moped in the ratio of 70:30, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a global compensation of Rs.30,000/- along with interest at the rate of 9% p.a. and directed the Insurance Company to deposit 70% of the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant raised the following contentions:
a) Firstly, the accident occurred due to the negligence of the driver of the offending vehicle and there is no negligence on the part of the rider of the moped in which -5- NC: 2024:KHC:29687 MFA No. 5166 of 2019 the claimant was traveling as a pillion rider. But the Tribunal erred in holding that the rider of the Moped was negligent at 30%.
b) Secondly, due to the accident the claimant suffered grievous injuries, he was inpatient for a period of 14 days.
The claimant spent more than Rs.5,000/- towards medical expenses. But the global compensation awarded by the Tribunal at Rs.30,000/- is on the lower side.
With the above submissions, learned counsel for the appellant sought to allow the appeal.
7. On the other hand, the learned counsel for the Insurance Company raised the following counter- contentions:
a) Firstly, in respect of contributory negligence, the rider of the Moped has not challenged the same.
Therefore, it is clear that he was negligent in causing the accident and the Tribunal rightly held that he has contributed 30% to the accident.
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NC: 2024:KHC:29687 MFA No. 5166 of 2019
b) Secondly, the injuries suffered by the claimant are minor in nature, he has not examined the doctor. Considering the medical records, the Tribunal rightly granted the global compensation of Rs.30,000/-.
c) Lastly, in the light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others -v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal at 9% p.a. on the compensation amount appears excessive.
With the above submissions, learned counsel for the Insurance Company sought to dismiss the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal and the original records.
9. The Tribunal, after considering the evidence of the parties and the materials available on record has rightly held that the rider of the motorcycle has contributed 30% -7- NC: 2024:KHC:29687 MFA No. 5166 of 2019 to the accident. That part of the award has not been challenged by the rider of the Moped. Therefore, the same has attained finality and there is no error in the finding of the Tribunal regarding negligence is concerned.
10. In respect of quantum is concerned, due to the accident the claimant has suffered fracture of both bones of right leg. He was inpatient for a period of 14 days. The medical bills produced at Rs.5,000/-. Considering the injuries suffered by the claimant and the medical records, I am of the opinion that the compensation awarded by the Tribunal at Rs.30,000/- has to be enhanced to Rs.80,000/- along with interest.
11. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified. -8-
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c) The claimant is entitled to a global compensation of Rs.80,000/- as against Rs.30,000/- awarded by the Tribunal.
d) Following the judgment of the Division Bench of this Court in the case of 'MS.JOYEETA BOSE' (supra), the enhanced compensation shall carry interest at 6% per annum.
e) The Insurance Company is directed to deposit 70% of the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 28