Karnataka High Court
Sri. Kannan @ Kannappa vs New India Assurance Co Ltd on 1 July, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.2922 OF 2019(MV)
BETWEEN:
SRI. KANNAN @ KANNAPPA
S/O LATE MANICKAM @ TAYAR
AGED ABOUT 63 YEARS
R/AT NO.4/8, METTU STREET
THIRUKOVILUR, ELRAMATTU
TAMIL NADU
...APPELLANT
(BY SRI.SHRIPAD V SHASTRI, ADV. )
AND
1 . NEW INDIA ASSURANCE CO LTD
NO.2B, UNITY BUILDING
ANNEXE MISSION ROAD
BANGALORE-27
BY ITS MANAGER.
2 . MR.RAJU.M
S/O MUDDIE GOWDA, MAJOR
R/AT NO.44, 7TH MAIN
GANDHINAGAR KENGERI
SATELLITE TOWN, BENGALURU-560 060.
...RESPONDENTS
(BY SRI.G.S. MARULAIAH, ADV. FOR R1:
NOTICE TO R2 IS D/W V/O DATED: 01.07.2022 )
2
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED15.12.2018 PASSED IN MVC NO.2339/2016 ON THE
FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND
XXXIV ACMM, ADDITIONAL MACT, COURT OF SMALL
CAUSES, MEMBER, MACT-7, BENGALURU,(SCCH-7),
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
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 and decree dated 15.12.2018 passed
by MACT, Bangalore (SCCH-7) in MVC No.2339/2016.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 03.01.2015 at about 7.00
p.m., the claimant was walking on the extreme left
side of the road, at that time the rider of the
motorcycle bearing registration No.KA-41/EA-6223
rode the same at a high speed and in a rash and
negligent manner dashed against 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 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
appeared through counsel and 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 accident was due to the rash and negligent
riding of the vehicle by the claimant himself. The
driver of the offending vehicle did not have valid
driving licence as on the date of the accident. The
liability is subject to terms and conditions of the
policy. 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 himself was
examined as PW-1 and got exhibited documents
namely Ex.P1 to Ex.P7. On behalf of the respondents,
two witnesses were examined as RW-1 and RW-2 and
got exhibited documents namely Ex.R1 to Ex.R12. 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.30,000/- 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. Learned counsel for the claimant has
contended that due to the accident, the claimant has
suffered grievous injuries. He was inpatient in the
hospital for a period of 63 days. He has spent
Rs.10,722/- for medical expenses. He has suffered lot
of pain during the treatment. The overall
compensation awarded by the Tribunal is on lower
side. Hence, he sought for enhancement of
compensation.
7. On the other hand, learned counsel for the
Insurance Company has contended that even though
the claimant claimed that the he has suffered grievous
injuries, as per the Wound Certificate, the injuries
suffered by the claimant are minor in nature. He was
inpatient in the hospital only for a period of 63 days.
He has not examined the doctor. Therefore,
considering the documents available on record and
considering the evidence of PW-1, the Tribunal has
granted just and reasonable compensation. Hence,
she sought for dismissal of the appeal.
8. Heard the learned counsel for the parties
and perused the records.
9. It is not in dispute that the claimant has
sustained injuries in the road traffic accident occurred
due to rash and negligent riding of the offending
vehicle by its rider.
As per the Wound Certificate, the claimant has
suffered fracture of both ones of left leg. He has not
examined the doctor. He was inpatient in the hospital
for a period of 63 days. He has spent Rs.10,722/- for
medical expenses. Therefore, considering the evidence
of PW-1, considering the medical bills, discharge
summary and the injuries suffered by the claimant, I
am of the opinion that in addition to the compensation
awarded by the Tribunal, another Rs.30,000/- can be
awarded with interest.
10. In the result, the appeal is disposed of.
The judgment of the Claims Tribunal is modified.
The claimant is entitled to a total compensation
of Rs.60,000/- against Rs.30,000/- awarded by the
Tribunal.
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 copy of this judgment.
Sd/-
JUDGE
HA/-
