Karnataka High Court
Sri. Naganna vs The Branch Manager on 31 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:30157
MFA No. 7073 of 2019
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. 7073 OF 2019 (MV)
BETWEEN:
SRI. NAGANNA
S/O LATE MARIYANNA
AGED ABOUT 63 YEARS
AGRICULTURIST, HOISALAKATTE
C N HALLI TALUK,
TUMKUR DISTRICT-586221
...APPELLANT
(BY SRI. M V MAHESWARAPPA., ADVOCATE)
AND:
1. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD
1ST FLOOR, RAJA COMPLEX
DR AMBEDKAR ROAD
SIRA TUMKUR DISTRICT PIN-572137.
Digitally signed by
HEMALATHA A
Location: HIGH 2. NAGARAJA V O
COURT OF S/O OBANAYAKA
KARNATAKA
AGED ABOUT 48 YEARS
R/AT UJJANAKUNTTE
THAVAREKERE POST
TUMKUR DISTRICT PIN-572137
...RESPONDENTS
(BY SMT. HARINI SHIVANANDA.,ADVOCATE FOR R1:
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 16/10/2018,
PASSED IN MVC NO.441/2016, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., AND XIX MACT,
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NC: 2024:KHC:30157
MFA No. 7073 of 2019
CHIKKANAYAKANAHALLI, 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 16.10.2018 passed by the Senior Civil Judge & JMFC & XIX MACT, Chikkanayakanahalli (hereinafter referred to as 'the Tribunal') in MVC No.441/2016.
2. Facts giving rise to the filing of the appeal briefly stated are that on 06.03.2015 at about 7.00 a.m. , when the claimant was proceeding on bicycle on the left side of the Boranakanive, Hoisalakatte road, a Bajaj Discover Bike bearing registration No.KA-06/EL-7680, being ridden by its rider at a high speed and in a rash and negligent manner, dashed against the claimant. As a result of the aforesaid -3- NC: 2024:KHC:30157 MFA No. 7073 of 2019 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 No.1 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.2, despite service of notice, did not appear before the Tribunal 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, in order to prove the case, examined himself as PW-1, and Dr.H.A.Ramegowda was examined as PW-2, and got exhibited documents namely Ex.P1 to Ex.P33. On behalf of the respondents, one witness was examined as RW-1 and got exhibited -4- NC: 2024:KHC:30157 MFA No. 7073 of 2019 document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent riding of the offending vehicle by its rider, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.71,703/- 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, the present appeal has been filed.
6. The learned counsel for the claimant submitted that due to the accident the claimant has sustained grievous injuries, he has undergone surgery. He has examined the doctor and the doctor has assessed the disability to the extent of 40%. The Tribunal has not granted any compensation for 'loss of income due to disability' and no compensation has been awarded for 'pain and sufferings' and 'loss of amenities'. The global compensation awarded by the Tribunal at Rs.71,703/- is on the lower side. -5-
NC: 2024:KHC:30157 MFA No. 7073 of 2019 Hence, 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, PW2 is not the treated doctor, the claimant has not produced any document to show that he has undergone surgery. Even in the cross-examination the doctor has admitted that he has not verified any records to show that he has undergone surgery. On the submission of the claimant, the doctor has deposed that he has undergone surgery. Since no document has been produced to show that he has undergone surgery, the Tribunal rightly not granted any compensation for loss of income due to disability.
b) Secondly, considering the injuries sustained by the claimant and evidence of the doctor, the overall compensation awarded by the Tribunal is just and reasonable.-6-
NC: 2024:KHC:30157 MFA No. 7073 of 2019 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. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 06.03.2015 due to rash and negligent driving of the offending vehicle by its driver.
10. Even though the claimant examined the doctor as PW2, he is not the treated doctor. In the course of cross- examination he has admitted that he has not verified any medical records in this regard. In view of the same, considering the wound certificate, discharge card, age and avocation of the claimant, I am of the opinion that the global compensation awarded by the Tribunal at Rs.71,703/- has to be enhanced to Rs.1,50,000/-.
11. In the result, the following order is passed: -7-
NC: 2024:KHC:30157 MFA No. 7073 of 2019 ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of Rs.1,50,000/- as against Rs.71,703/- awarded by the Tribunal.
d) The Insurance Company is directed to deposit the compensation amount along with interest @ 6% p.a. 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.
e) In view of the order dated 04.08.2023 by this Court, the claimant is not entitled to interest on the enhanced compensation for the delayed period of 212 days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE CM List No.: 2 Sl No.: 25