M S Somashekar vs B Lingegowda
2021 Latest Caselaw 1010 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 16TH DAY OF JANUARY 2021

                      BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

            MFA No.7580 OF 2015(MV)

BETWEEN:

M.S.SOMASHEKAR
S/O M.S.SRIKANTAIAH
AGED ABOUT 44 YEARS
R/O TEACHERS COLONY
HOLE BEEDI, HOSA BADAVANE
MADDUR TOWN
MANDYA DISTRICT-571428.
                                      ... APPELLANT

(BY SRI.SHARATH GOWDA, ADV. )

AND

1.    B.LINGEGOWDA
      S/O BHOMIGOWDA
      AGED ABOUT 45 YEARS
      R/O 3RD CROSS, HALAHALLI
      MANDYA CITY, MANDYA DISTRICT-571428.

2.    HDFC ERGO GENERAL INSURANCE CO. LTD.,
      MANDYA BRANCH MANDYA,
      MANDYA DISTRICT-571428,
      REP BY BRANCH MANAGER.
                                  ... RESPONDENTS

(BY SRI.D.VIJAYAKUMAR, ADV. FOR R2)
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     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
25.08.2015 PASSED IN MVC NO.1013/2014 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MACT,MADDUR,
DISMISSING THE CLAIM PETITION FOR COMPENSATION.

    THIS MFA COMING ON FOR ORDERS, 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 25.8.2015 passed

by the Motor Accident Claims Tribunal.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 12.5.2014, the claimant was

proceeding in his car bearing registration No.KA-11-M-

6435 from Maddur to Mandya to attend a marriage

function of his relative, near Sanjaya Circle, on

Bangalore-Mysore Road, at that time, lorry bearing

registration No.KA-24-M-0015 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 car of the

claimant was damaged.

3. The claimant filed a petition under Section

166 of the Act seeking compensation to the damages

caused to the car. On service of summons from the

Tribunal, the respondent Nos.1 and 2, being the

owner and insurer of the lorry appeared through their

respective counsel and filed written statements

denying all the averments made in the claim petition.

In order to substantiate the case, the claimant was

examined as PW-1 and got exhibited documents

namely Ex.P1 to Ex.P9. On behalf of the respondents,

three witnesses were examined as RWs-1 to 3 and got

exhibited documents namely Ex.R1 to Ex.R9. The

Claims Tribunal, by the impugned judgment, inter alia,

dismissed the claim petition. Being aggrieved, this

appeal has been filed.

4. The learned counsel for the claimant has

contended that in the accident occurred on 12.5.2014,

the car of the claimant bearing registration No.KA-11-

M-6435 was damaged. He has contended that the

claimant had left his car for repairs at Blue Hyndai,

Bangalore for 7 days. He has spent an amount of

Rs.34,107/- towards repair charges and also spent for

accessories to the tune of Rs.6,691/-. He had a hired

a taxi at the rate of Rs.2,400/- per day for 7 days and

spent Rs.16,800/- towards hire charges. Hence, he

prays for allowing the appeal.

5. The learned counsel for the Insurance

Company has contended that the Tribunal on the

ground that the claimant has failed to prove that he is

the registered owner of the car bearing No.KA-11-M-

6435 has rightly dismissed the claim petition. Hence,

he sought for dismissal of the appeal.

6. Heard the learned counsel for the parties

and perused the records.

7. The claimant has now produced the copy of

the RC book before this Court along with an

application for production of additional documents.

The application is allowed and the additional document

is taken on record.

It is very clear from the RC book that the

claimant is the registered owner of the car bearing

No.KA-11-M-6435.

In respect of compensation for damages caused

to the said car is concerned, the claimant has

produced and got marked IMV report at Ex.P-4 and

invoices and cash memo/cash receipts at Ex.P-6.

Therefore, taking into consideration the evidence of

the parties and materials available on record, I am of

the opinion that the claimant is entitled for

compensation of Rs.40,000/- towards 'damages

caused to the car" along with interest.

8. The Insurance Company is directed to

deposit the compensation amount along with interest

at 6% p.a. 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/-

JUDGE

DM