Karnataka High Court
M/S United India Insurance ... vs Sumathi Poojary on 15 January, 2021
Author: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.8558 OF 2013 (MV)
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE, JEWEL PLAZA,
OPP.SRINIDHI MEDICAL,
NEAR CHITTARANJAN CIRCLE,
UDUPI - 575201
REP BY ITS DIVISIONAL MANAGER
...APPELLANT
(BY SRI. LAKSHMINARASAPPA, ADV. FOR
SRI. A M VENKATESH, ADV.)
AND
1. SUMATHI POOJARY
W/O KOTI POOJARY,
AGED ABOUT 46 YEARS,
2. KOTI POOJARY
S/O LATE PANJA POOJARY,
AGED ABOUT 49 YEARS
3. PRAMEELA
D/O KOTI POOJARY,
AGED ABOUT 21 YEARS
4. PRATHAP
2
S/O KOTI POOJARY,
AGED ABOUT 20 YEARS
ALL ARE R/AT "SEETHA NILAYA"
NEAR GARADI, SALIKERI,
VARAMBALLI VILLAGE, BRAHMAVARA,
UDUPI TALUK - 575201
5. RAMESH S NAYAK
AGED ABOUT 36 YEARS,
S/O SANNAPPA NAYAK,
R/O TORKE, MADANGERI,
KUMTA, U.K.DIST - 581343
...RESPONDENTS
(R1, 2, 3 & 5 - SERVED UNREPRESENTED
R4 - NOTICE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
18.07.2013 PASSED IN MVC NO.454/2012 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT,
UDUPI, AWARDING COMPENSATION OF RS.5,49,600/-
WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION
TILL DEPOSIT IN TRIBUNAL.
THIS MFA COMING ON FOR ADMISSION 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 Insurance Company
being aggrieved by the judgment dated 18.7.2013
passed by the Motor Accident Claims Tribunal.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 24.3.2012 the deceased
Prashanth Poojary was proceeding on his motorcycle
Bearing registration No.KA-19-H-5812 from
Brahmavara side towards Uppinakote site on NH-66
near Akashavani Circle, at that time, innova car
bearing registration No.KA-47-M-1299, which was
being driven in a rash and negligent manner, dashed
against the motorcycle of the deceased. As a result of
the aforesaid accident, the deceased sustained
grievous injuries and succumbed to the injuries.
3. The claimants filed a petition under Section
166 of the Act on the ground that the deceased was
aged about 24 years at the time of accident and was
employed as Electrician at Rajendra Sounds and was
earning Rs.7,500/- p.m. The claimants claimed
compensation to the tune of Rs.12,41,000/- along
with interest.
4. On service of summons, the respondent
Nos.1 and 2 appeared through counsel and filed
written statements 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 accident was due to
the rash and negligent riding of the motorcycle by the
deceased himself. The driver of the offending vehicle
did not possess valid driving licence as on the date of
the accident. The liability is subject to terms and
conditions of the policy. It was further pleaded that
the quantum of compensation claimed by the
claimants is exorbitant. Hence, he sought for
dismissal of the petition.
5. On the basis of the pleadings of the parties,
the Claims Tribunal framed the issues and thereafter
recorded the evidence. The claimants, in order to
prove their case, examined claimant No.1 as PW-1
and another witness as PW-2 and got exhibited
documents namely Ex.P1 to Ex.P9. On behalf of
respondents, no witness was examined and produced
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 driving of
the offending vehicle by its driver, as a result of
which, the deceased sustained injuries and succumbed
to the injuries. The Tribunal further held that the
claimants are entitled to a compensation of
Rs.5,49,600/- along with interest at the rate of 6%
p.a. and directed the Insurance Company to deposit
the compensation amount along with interest. Being
aggrieved, this appeal has been filed.
6. The learned counsel for the Insurance
Company has contended that the Tribunal has wrongly
given a finding that the accident has occurred due to
the negligence of the driver of the car. It is very clear
from the materials available on record that the
accident has occurred due to rash and negligent riding
of the motorcycle by the deceased himself. Further,
the overall compensation awarded by the Tribunal is
on the higher side. Hence, he prays for allowing the
appeal.
7. Respondents are served and
unrepresented.
8. Heard the learned counsel for the appellant
and perused the records.
9. The specific case of the claimants are that
on 24.3.2012 the deceased Prashanth Poojary was
proceeding on his motorcycle Bearing registration
No.KA-19-H-5812 from Brahmavara side towards
Uppinakote site on NH-66 near Akashavani Circle, at
that time, innova car bearing registration No.KA-47-
M-1299, which was being driven in a rash and
negligent manner, dashed against the deceased. As a
result of the aforesaid accident, the deceased
sustained grievous injuries and succumbed to the
injuries.
To prove the case, the claimants have examined
claimant No.1 as PW-1 and an eye witness to the
accident as PW-2 and produced 9 documents.
The Tribunal considering the evidence of the
parties and records such as Ex.P-1 FIR, Ex.P-2 spot
mahazar, Ex.P-3 rough sketch, Ex.P-4 inquest report
and Ex.P-5 IMV report, has rightly held that the
accident has occurred solely due to rash and negligent
driving of the offending car by its driver. Further,
considering the materials available on record, the
overall compensation awarded by the Tribunal appears
to be just and reasonable.
Accordingly, the appeal filed by the Insurance
Company is dismissed. The judgment and award of
the Tribunal is confirmed.
The Insurance Company is directed to deposit
the compensation amount along with interest at within
a period of four weeks from the date of receipt of copy
of this judgment.
The amount in deposit is ordered to be
transferred to the Tribunal.
Sd/-
JUDGE
DM
