Miss.Lisashree Mishra vs Universal Sompo General ...
2021 Latest Caselaw 476 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF JANUARY 2021

                          BEFORE

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

                MFA No. 8917 OF 2013 (MV)
BETWEEN:

Miss. Lisashree Mishra,
D/o Padmakishor Mishra,
Aged about 26 years,
R/at P.K.Park, Modipara,
Sambalpur, Orissa-768002.
                                             ... Appellant

(By Sri.K.T.Gurudevprasad, Advocate)

AND:

1.     Universal Sompo General Insurance,
       Company Ltd.,
       No.7/3, 2nd Floor,
       Above Bastle Finance,
       100 feet Road, Indiranagar,
       Old Madras Road, Bangalore-560 038.

2.     Mr. M.D.Ramesh,
       No.95, 12th Cross,
       Ananthamurthy Layout,
       Kalidasa Layout, Srinagar,
       Bangalore-560 050.
                                         ... Respondents

(By Sri.H.N.Keshava Prashanth, Advocate for R1:
Notice to R2 is dispensed with
v/o dated:05.12.2017 )
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      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:11.07.2013 passed
in MVC No.1752/2012 on the file of the XXII Additional
Small Causes Judge, Member, MACT, Court of Small
Causes, Bangalore partly allowing the claim petition for
compensation and seeking enhancement of compensation.

      This MFA, coming on for admission, through video
conference, this day, this 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 11.07.2013 passed

by the Motor Accident Claims Tribunal, Bangalore in

MVC No.1752/2012.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 01.02.2012 at about 7.00

p.m., the claimant was proceeding as a pillion rider on

the motorcycle bearing registration No.KA-51/W-4588

on Sarjapur road, near Aishwarya junction from

Jakkasandra towards Krupanidhi college junction. At

that time one tempo bearing registration No.KA-05/D-

1804 being driven by its driver at a high speed and in

a rash and negligent manner, dashed to the

motorcycle. 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 on the ground that she was working as

a Executive Market Research at Nous Inforsystems

Pvt. Ltd. and was earning Rs.19,413/- p.m. It was

pleaded that she also spent huge amount towards

medical expenses, conveyance, etc. It was further

pleaded that the accident occurred purely on account

of the rash and negligent driving of the offending

vehicle by its driver.

4. On service of notice, the respondent No.1

filed written statement in which the averments made

in the petition were denied. It was pleaded that the

petition itself is false and frivolous in the eye of law.

It was further pleaded that the driver of the offending

vehicle was not holding a valid and effective driving

licence at the time of the accident. It was further

pleaded that there is no negligence on the part of the

driver of the offending vehicle. The age, avocation

and income of the claimant and the medical expenses

are denied. It was further pleaded that the quantum

of compensation claimed by the claimant is exorbitant.

Hence, he sought for dismissal of the petition. The

respondent No.2 did not appear before the Tribunal

inspite of service of notice 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 herself was

examined as PW-1 and got exhibited 18 documents

namely Ex.P1 to Ex.P18. On behalf of the

respondents, neither any witness was examined nor

got marked any 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 a

result of which, the claimant sustained injuries. The

Tribunal further held that the claimant is entitled to a

compensation of Rs.1,16,600/- along with interest at

the rate of 6% p.a. and directed the insurance

company to deposit the compensation amount along

with interest. Being not satisfied with the quantum of

compensation, claimant has filed this appeal.

6. The learned counsel for the claimant

submitted that due to the injuries the claimant haas

suffered grievous injuries. She was inpatient for 26

days and suffered lot of pain during treatment. The

compensation awarded by the Tribunal under the

heads 'pain and suffering', 'conveyance' and

'attendant charges' are on the lower side. Hence, he

sought for allowing the appeal.

7. On the other hand, the learned counsel for

the Insurance Company has contended that the

injuries suffered by the claimant are simple in nature.

She has not examined the doctor. Taking into

consideration the materials available on record, the

Tribunal has granted just and reasonable

compensation. Hence, he sought dismissal of the

appeal.

8. Heard the learned counsel for the parties.

Perused the judgment and award and the original

documents.

9. It is not in dispute that the accident

occurred due to rash and negligent driving of the

offending vehicle by its driver.

Due to the accident the claimant suffered the

following injuries:

(1) Abrasion over the right side of back

(2) Fracture of left sacral 1st and 2nd foramina.

(3) Degloving injury with tissue loss over right

thigh.

(4) Fracture of right superior and inferior public

rami.

(5) Abrasion over hand and right foot and

injuries to other parts of the body.

The claimant has not examined the doctor. She was

inpatient for a period of 26 days. She suffered lot of

pain during the treatment.

Taking into consideration the evidence of the

claimant and the wound certrificate at Ex.P3 and

discharge summary - Ex.P8, I inclined to enhance the

compensation for 'pain and suffering' from

Rs.25,000/- to Rs.50,000/- and for 'conveyance and

attendant charges' from Rs.4,600/- to Rs.25,000/-.

The compensation awarded by the Tribunal

under other heads are just and reasonable.

10. Thus, the claimant is entitled to the

following compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 25,000 50,000 Medical expenses 62,000 62,000 Conveyance and 4,600 25,000 attendant charges Loss of amenities of life 25,000 25,000 and loss of marriage prospects Total 1,16,600 1,62,000

The claimant is entitled to a total compensation

of Rs.1,62,000/-. The Insurance Company is directed

to deposit the compensation amount along with

interest at 6% p.a. from the date of petition till the

date of payment, 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

Cm/-