Karnataka High Court
Smt Bhavya R vs Hdfc Ergo Gen. Ins. Co. Ltd on 21 July, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.5489 OF 2019(MV)
BETWEEN:
SMT BHAVYA R
W/O SRI N V NARASIMHA
AGED ABOUT 30 YEARS
RESIDING AT C/O ANAND
BANNERGHATTA VILLAGE
JIGANI HOBLI, ANEKAL TALUK
BENGALURU DISTRICT
...APPELLANT
(BY SRI.NAIK N R., ADV.)
AND:
1. HDFC ERGO GEN. INS. CO. LTD.
AT 6TH FLOOR
LEELA BUSINESS PARK
ANDHERI KURLA ROAD
ANDHERI (EAST)
MUMBAI-400 059
ALSO AT HDFC ERGO GEN.INS.CO.LTD.
2ND FLOOR
MYSORE TRADE CENTER
OPP.KSRTC BUS STAND
B N ROAD
MYSORE-570 001.
REP BY ITS
THE BRANCH MANAGER.
2
2. SRI K R CHANDRAPPA
S/O SRI RANGAPPA
RESIDING AT GOLLAHALLI
VILLAGE, JIGANI HOBLI
ANEKAL TALUK
BENGALURU-560 083
ALSO AT
UPPARAKAENAHALLI VILLAGE
MADANAHALLI POST
JAVAGAL HOBLI
ARASIKERE TALUK
HASSAN DISTRICT.
...RESPONDENTS
(BY SRI.D.VIJAYAKUMAR, ADV. FOR R1:
NOTICE TO R2 IS DISPENSED WITH
VIDE ORDER DATED: 14.07.2022)
THIS MFA IS FILED UNDER SECTION.173(1) OF MVC
ACT, AGAINST THE JUDGMENT AND AWARD
DATED:10.01.2019 PASSED ON MVC NO.714/2017 ON
THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF
SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-
15), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR ADMISSION 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 dated 10.01.2019 passed by the XIII
Additional Judge, Court of Small Causes and Member
MACT, Bengaluru in MVC No.714/2017.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 18.06.2015 at about 02.00
p.m., the clamant was proceeding as a pillion rider on
the motor cycle bearing Registration No.KA-51-EC-
7464 and the same was ridding by one N.V.Narasimha
on Jigani Bannerugatti Main Road, when they were
reached near F-4 Granite Factory, Mantapa Village,
Bannerghatta-Jigani road, at that time, the driver of
the Tractor-Tailer bearing Registration No.KA-13-TB-
878 was moving ahead of the said motorcycle and the
driver of the Tractor-Trailer suddenly took right turn
without any signal and dashed against the claimant's
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 seeking compensation. It was pleaded
that she 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 Nos.1
and 2 have appeared through counsel and only
respondent No.1 has 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 further pleaded
that the quantum of compensation claimed by the
claimant is exorbitant. Hence, they 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 claimant herself was
examined as PW-1 and got exhibited documents
namely Ex.P1 to Ex.P10. On behalf of the
respondents, one witness was examined as RW-1 and
got exhibited documents namely Ex.R1 to Ex.R4. 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.2,17,000/- 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, the
present appeal has been filed.
6. The learned counsel for the claimant has
contended that due to the accident, the claimant has
sustained grievous injuries. She has suffered lot of
pain during the treatment. She has spent
Rs.1,35,000/- for medical expenses. The
compensation of Rs.2,17,000/- with 6% interest
awarded by the Tribunal is on lower side. Hence, he
sought for enhancement of compensation.
7. On the other hand, the learned counsel for
the Corporation has contended that injuries suffered
by the claimant are minor in nature. She has not
examined the doctor. Considering the age and injuries
suffered by the claimant and considering the medical
bills which are produced by the claimant, the Tribunal
has granted just and reasonable compensation and it
does not call for interference. Hence, he sought for
dismissal of the appeals.
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 driving of the offending
vehicle by its driver.
Due to the accident, the claimant has sustained
right knee multi ligament injury with S/P patellar and
tendon repair and SS wire insitu. She has not
examined the doctor. She has suffered lot of pain
during the treatment. She has spent more than
Rs.97,000/- for medical expenses. Considering the
evidence of the doctor, considering the injuries
suffered by the claimant, I am inclined to grant the
compensation of Rs.50,000/- with interest in addition
to the compensation awarded by the Tribunal.
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.2,67,000/- as against Rs.2,17,000/- 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/-
