Sri M S Ramakrishnaiah vs Sri Thimmaraju
2022 Latest Caselaw 10335 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 5TH DAY OF JULY 2022

                           BEFORE

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

                 MFA No.4724 OF 2019(MV)

BETWEEN:

Sri.M.S. Ramakrishnaiah @
Ramakrishnaiah,
S/o Late Sanjeevaiah,
Aged about 65 years,
R/at Masyagondanahalli Village,
Kasaba Hobli,
Ramanagara Taluk,
Ramanagara District-562160.              ... Appellant

(By Sri.Raju S., Advocate)

AND:

1.     Sri. Thimmaraju,
       S/o Venkatesh,
       R/at Hancharahalli Village,
       Mandur Post, Bidarahalli Hobli,
       Bangalore-560 049.

2.     Sri. Manjunath. Y.R.,
       S/o Ramakrishnappa,
       R/at No.75, 2nd Cross,
       Kaverinagara, Mahadevapura,
       Bangalore-560 048.                ... Respondents

(Notice to R1 & R2 is served but unrepresented)
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      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:15.03.2019 passed
in MVC No.193/2016 on the file of the Principal Senior Civil
Judge & CJM, MACT, Ramanagara, partly allowing the
claim petition for compensation and seeking enhancement
of compensation.

      This MFA, coming on for hearing, this day, this
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 15.03.2019 passed

by Prl. Senior Civil Judge & CJM and MACT at

Ramanagaram in MVC No.193/2016.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 31.08.2015 at about 2.15

p.m. the claimant was crossing the road in Bajaj

Chethak motorcycle bearing registration No.CKE-870

near Mayaganahalli Circle, B.M.Roa, Ramangara

RTaluk. At that time, a car bearing registration

No.KA-53/B-5986 being driven by its driver at a high

speed and in a rash and negligent manner, came from

Bangalore side and dashed to the vehicle of 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. The respondent Nos.1 and 2 did not appear

before the Tribunal inspite of service of notice and

were 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.P23. On behalf of the

respondents, neither any witness was examined nor

got exhibited 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.1,10,000/- along with interest @

6% p.a. and directed the owner of the offending

vehicle to deposit the compensation amount along

with interest. Being aggrieved, this appeal has been

filed.

6. Sri S.Raju, the learned counsel for the

claimant has contended that due to the accident the

claimant has suffered 3 grievous injuries and one

minor injury, he has spent more than Rs.1,00,000/-

towards medical expenses. He was inpatient for a

period of 26 days, he has suffered lot of pain during

treatment. The global compensation awarded by the

Tribunal at Rs.1,10,000/- is on the lower side. Hence,

he sought for enhancement of compensation.

7. Respondent Nos. 1 and 2 even though served

have remained unrepresented.

8. Heard the learned counsel for the appellant

and perused the judgment and award.

9. It is not in dispute that the claimant has

sustained injuries in the road traffic accident occurred

due to rash and negligent driving of the offending

vehicle by its driver.

Due to the accident the claimant suffered

injuries to leg, hands, head, back and other parts of

the body. Out of the injuries, 3 injuries are grievous

and one injury is simple in nature. He has spent

Rs.41,071/- towards medical treatment. He was

inpatient for a period of two days. Considering the

injuries suffered by the claimant and considering

Ex.P2 - wound certificate, discharge summary -

Ex.P8, and medical documents - Exs. P9 to P13, I am

of the opinion, in addition to the compensation

awarded by the Tribunal, the claimant is entitled to

Rs.50,000/- with interest @ 6% p.a.

10. In the result, the appeal is allowed in part.

The judgment of the Claims Tribunal is modified.

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

Cm/-