Karnataka High Court
Puttaswamy vs The Divisional Controller on 31 July, 2024
Author: H T Narendra Prasad
Bench: H T Narendra Prasad
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NC: 2024:KHC:30220
MFA No. 8446 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8446 OF 2018 (MV)
BETWEEN:
PUTTASWAMY
S/O PUTTEGOWDA
AGE DABOUT 48 YEARS
R/AT GOWDAGERE VILLAGE
KASABA HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI .,ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
KSRTC CHIKMAGALUR DIVISION
REPRESENTED BY THE
DIVISIONAL CONTROLLER
KSRTC HASSAN DIVISION
...RESPONDENT
Digitally signed by (BY SRI.K NAGARAJA., ADVOCATE )
HEMALATHA A
Location: HIGH THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
COURT OF
KARNATAKA AGAINST THE JUDGMENT AND AWARD DATED:09.09.2014
PASSED IN MVC NO.1591/2012 ON THE FILE OF THE FAST
TRACK COURT, ADDITIONAL MACT, CHANNARAYAPATNA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
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NC: 2024:KHC:30220
MFA No. 8446 of 2018
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 09.09.2014 passed by MACT, Channarayapatna in MVC No.1591/2012.
2. Facts giving rise to the filing of the appeal briefly stated are that on 26.11.2011 when the claimant along with another was proceeding on motorcycle bearing registration No.KA-30-H-8055 near Shettalamma Temple on NH-48 between Shettihalli-Jogipura, at that time, KSRTC bus bearing registration No.KA-18-F-426 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 -3- NC: 2024:KHC:30220 MFA No. 8446 of 2018 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 appeared through counsel and filed written statement 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 himself as PW-1 and got exhibited documents namely Ex.P8 to Ex.P2. On behalf of the respondents, neither any witness was examined nor any document was produced. 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.11,000/- -4-
NC: 2024:KHC:30220 MFA No. 8446 of 2018 along with interest at the rate of 6% p.a. and directed the KSRTC to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant has submitted that the claimant has sustained grievous injuries in the accident. The Tribunal is not justified in awarding a meager global compensation of Rs.11,000/-. Hence, he sought to allow the appeal.
7. On the other hand, the learned counsel for the KSRTC has submitted that the claimant has sustained minor injuries. He has not examined the doctor regarding nature of injuries and disability suffered by him. Hence, the global compensation awarded by the Tribunal is just and reasonable. Hence, he sought to dismiss the appeal.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal. -5-
NC: 2024:KHC:30220 MFA No. 8446 of 2018
9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 26.11.2011 due to rash and negligent driving of the offending vehicle by its driver.
10. As per wound certificate, the claimant has sustained abrasion and tenderness, which are minor in nature. The claimant has not examined the doctor regarding nature of injuries and disability suffered.
11. Therefore, considering the wound certificate and medical records, this court is of the opinion that the global compensation of Rs.11,000/- awarded by the Tribunal appears to be just and reasonable. There is no error or infirmity in the judgment and award passed by the Tribunal. Hence, the appeal is liable to be dismissed.
12. Accordingly, the appeal is dismissed.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM List No.: 2 Sl No.: 60