Karnataka High Court
Sri.D. Nanjundegowda vs Sri. Srikanth M.P on 8 July, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
MFA No.6922 OF 2019(MV)
BETWEEN:
Sri. D.Nanjundegowda,
S/o Devegowda,
Aged about 59 years,
R/o Behind Court,
Channarayapatna Town
And taluk, Hassan. ... Appellant
(By Sri. Byra Reddy, Advocate for
Smt. Kavitha H.C., Advocate)
AND:
1. Sri. Srikanth M.P.,
S/o Prakash,
R/o Madaguddanahalli Village,
Bagur Hobli, Channarayapatna Taluk,
Hassan-573201.
2. The Manager,
Reliance General Insurance,
Unnathi Arcade No.5/111
And 6/112, 1st Floor,
1st Block, Dr. Rajkumar Road,
(1st Main Road) Rajajinagar,
Bangalore-560010. ... Respondents
(By Sri.D. Vijay Kumar., Advocate for R2:
Notice to R1 is D/W v/o dated: 04.07.2022)
2
This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated: 07.03.2019
passed in MVC No.149/2018 on the file of the Senior Civil
Judge and JMFC., Channarayapatna, partly allowing the
claim petition for compensation and seeking enhancement
of compensation.
This MFA, coming on for admission, 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 07.03.2019 passed
by the Senior Civil Judge, Channarayapatna in MVC
No.149/2018.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 07.09.2017 at about 5.30
p.m., the claimant was proceeding on his motorcycle
bearing registration No.KA-13/Y-2127 on the left side
of the road in Iyyarahalli village to Channarayapatna.
At that time, a Maruthi Swift Dzire car bearing
registration No.KA-13/B-9284 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 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.2
appeared through counsel and filed written statement
in which the averments made in the petition were
denied. The age, avocation and income of the
claimant and the medical expenses are 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. It was further
pleaded that the driver of the offending vehicle did not
have valid driving licence as on the date of the
accident. It was further pleaded that the liability is
subject to terms and conditions of the policy. 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.1 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.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 global
compensation of Rs.70,000/- along with interest @
9% p.a. and directed the Insurance Company to
deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. Sri Byra Reddy, the learned counsel for the
claimant has contended that due to the accident the
claimant has suffered grievous injuries, he was
inpatient for a period of one day, he has spent
Rs.37,190/- towards medical expenses, he has
suffered lot of pain during treatment, the global
compensation awarded by the Tribunal is on the lower
side. Hence, he sought for enhancement of
compensation.
7. On the other hand, Sri D.Vijaya Kumar, the
learned counsel for the Insurance Company has raised
following counter contentions:
Firstly, the injuries suffered by the claimant are
minor in nature, he has not examined the doctor.
Considering the injuries suffered by the claimant the
Tribunal has granted just and reasonable
compensation.
Secondly, in view of the law laid down by a
Division Bench of this Court in the case of
MS.JOYEETA BOSE AND OTHERS vs.
VENKATESHAN.V AND OTHERS (MFA 5896/2018
and connected matters disposed of on
24.8.2020), the rate of interest awarded by the
Tribunal at 9% p.a. is on the higher side. Hence, he
sought for dismissal of the appeal.
8. Heard the learned counsel for the parties
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 has suffered
grievous injuries, he has spent Rs.37,190/- towards
medical expenses. He was inpatient for a period of
one day. Considering the injuries suffered by the
claimant, I am of the opinion that in addition to the
compensation awarded by the Tribunal, the claimant
is entitled to a compensation of Rs.40,000/- along
with interest @ 6% p.a.
10. In the result, the appeal is allowed in part.
The judgment of the Claims Tribunal is modified.
The claimant is entitled to a total compensation
of Rs.1,10,000/- as against Rs.70,000/- awarded by
the Tribunal.
In view of the law laid down by a Division Bench
of this Court in JOYEETA BOSE (supra) the
enhanced compensation carries interest @ 6% p.a.
The Insurance Company is directed to deposit
the compensation amount along with interest @ 9%
p.a. (interest @ 6% p.a. on the enhanced
compensation) 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/-
