Sri Krian D S/O Devaraj vs Universal Sompo General ...
2022 Latest Caselaw 8159 Kant

                            1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 6TH DAY OF JUNE 2022

                         BEFORE

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

               MFA No.1950 OF 2018 (MV)

BETWEEN:

Sri.Kiran.D S/o Devaraj,
Aged about 24 years,
R/at No.493, Santhe beedi,
Bukkambudhi(V), Tarikeri(T),
Chikkmagalur (D) - 577 145.                  ... Appellant

(By Sri.Chandranna.N., Advocate)

AND:

1. Universal Sompo General Insurance Co. Ltd.,
   Maruthi Rice Mill Building,
   Opp:Vinayaka Talkies,
   1st Floor, B.H.Main road,
   Shimogga.
   Policy No.2312/50466876/03/b00
   Valid from 27.02.2013 to 26.02.2014.

2. Sri.Ravi shankar.B.S.,
   Father name not known,
   Aged about 49 years,
   Bukkambudhi(V), Tarikeri(T),
   Chikkmagalur (D) - 577 145.
   RC owner M/C Bearing No.KA18.S6832.

3. Sri.Nagaraj.E S/o K.R.Erappa,
   Aged about 49 years,
   Railway station,
                             2



   Ajjampura(v), Tarikere(t),
   Chikkmagalur(D), Chikkmagalur - 577 101.
                                         ... Respondents
(By Sri.B.Pradeep, Advocate for R1;
  Notice to R2& R3 served but unrepresented)

      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated 18.01.2016 passed
in MVC No.150/2014 on the file of the I Additional District
Judge and Member, MACT, Chikkamagaluru, partly
allowing the claim petition for compensation and seeking
enhancement of compensation.

      This MFA, coming on for orders, 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 18.01.2016 passed

by MACT, Chikkamagaluru in MVC No.150/2014.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 25.09.2013 at about 11.00

p.m. the claimant was proceeding in a motorcycle

bearing registration No.KA-17/EH-9478. When he

reached near petrol bunk of Bukkamudi village, at that

time, the rider of the motorcycle bearing registration

No.KA-18/S-6832 being driven by its rider 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 Nos.1

to 3 appeared through counsel and respondent No.1

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 riders of both the vehicles 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.

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.P12. On behalf of the

respondents, no witness was examined but got

exhibited documents namely Ex.R1 to Ex.R3. 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.1,20,900/- 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 claimant has

contended that due to the accident the claimant has

suffered grievous injuries, he was inpatient for a

period of 16 days. He has suffered lot of pain during

treatment, he was unable to do his day today work,

he has suffered lot of pain during treatment. The

overall compensation awarded by the Tribunal is on

the lower side. Hence, he sought for enhancement of

compensation.

7. On the other hand, the learned counsel for

the Insurance Company has contended that the

injuries suffered by the claimant are minor in nature,

he has not examined the doctor. Considering the

wound certificate and considering the evidence of the

claimant, the overall compensation awarded by the

Tribunal is just and reasonable. 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 abrasion

with reddish black scab over right side of the face,

sutured lacerated wound over front aspect of right

knee with underlying fracture of patella. Considering

the evidence of PW-1 and considering the wound

certificate - Ex.P7 and discharge summary - Ex.P8

and P9, I am of the opinion that the compensation

awarded by the Tribunal at Rs.1,20,900/- is to be

enhanced to Rs.1,75,000/- with interest @ 6% p.a.

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

The judgment of the Claims Tribunal is modified.

The claimant is entitled to a total compensation

of Rs.1,75,000/- as against Rs.1,20,900/- 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.

In view of the order dated 06.06.2022 passed by

this Court, the claimant is not entitled to interest for

the delayed period of 677 days in filing the appeal.

Sd/-

JUDGE

Cm/-