Smt Shaha Taj vs Sri Mahadeva
2022 Latest Caselaw 8637 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF JUNE 2022

                           BEFORE

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

            MFA No.824 OF 2021(MV)

BETWEEN

SMT SHAHA TAJ
W/O ANWAR PASHA
AGED ABOUT 50 YEARS
R/AT NO.282, 6TH CROSS
KESARE RAJENDRANAGAR
MYSORE-570007.

                                     ...APPELLANT

(BY SRI. TEJAS N., ADV.)

AND

1.    SRI MAHADEVA
      S/O DASASHETTY
      AGED ABOUT 57 YEARS
      R/AT NO.34/25, 3RD MAIN ROAD
      MAHADESHWARA LAYOUT
      LAGGERE, BANGALORE-560058.

2.    SRI GIRISH
      S/O NINGASHETTY
      AGED 31 YEARS
      R/AT NO.34/25
      10TH B MAIN ROAD
      MUNEHSWARA LAYOUT, LAGGERE
      BANGALORE-560058.
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3.    THE MANAGER
      THE ORIENTAL INSURANCE COMPANY LTD.,
      PP NO.7037/A, 25/27
      ASIF ALI ROAD
      NEW DELHI-110002.

4.    SRI ANWAR PASHA
      S/O MOHAMMED USMAN
      AGED ABOUT 50 YEARS
      R/AT NO.282
      6TH CROSS,KESARE
      RAJENDRANAGARA
      MYSORE-570007.

5.    THE MANAGER
      THE NEW INDIA ASSURANCE COMPANY LTD.,
      3RD CROSS, R P ROAD LAYOUT
      NANJANGUD, MYSORE-571301.

                                       ...RESPONDENTS

(BY SRI.C.SHANKAR REDDY, ADV. FOR R5:
SRI. R. GOVINDARAJAN, ADV. FOR R3:
NOTICE TO R1 & KR2, & R4 IS DISPENSED WITH)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT   AGAINST   THE   JUDGMENT   AND   AWARD   DATED
17.10.2019 PASSED IN MVC NO.286/2015 ON THE FILE OF
THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AS A
PRESIDING OFFICER, MACT, MYSURU, 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:
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                      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 17.10.2019 passed

by MACT, Mysuru in MVC 286/2015.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 1.6.2014, when the claimant

was proceeding on her Swiss scooter bearing

registration No.KA-55-R-0081 ridden by her husband

near Albert Victor Road, West Mirja road junction, at

that time, car bearing registration No.KA-02-MA-4074

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 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 No.3

and 5 appeared through counsel and filed written

statements in which the averments made in the

petition were denied.

Claim petition against respondent No.1 was

dismissed. The respondent Nos.2 and 4 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.P8. On behalf of the respondents,

one witness was examined as RW-1 and got exhibited

documents namely Ex.R1. 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.121,000/- along with interest at

the rate of 6% p.a. and directed respondent Nos.3

and 5 to deposit the compensation amount along with

interest equally. Being aggrieved, this appeal has

been filed.

6. The learned counsel for the claimant has

contended that the claimant has sustained grievous

injuries in the accident. She was treated as inpatient

for a period of 7 days. Even after discharge from the

hospital, she was not in a position to discharge her

regular work. She has suffered lot of pain during

treatment. Considering the overall compensation

granted by the Tribunal under different heads is on

the lower side. Hence, he sought for allowing the

appeal.

7. On the other hand, the learned counsel for

the respondent Nos.3 and 5 have contended that the

injuries sustained by the claimant are minor in nature.

She has not examined the doctor regarding nature of

injuries sustained by her and disability suffered by

her. Considering the injuries sustained by the claimant

and considering the age and avocation of the

claimant, the overall compensation awarded by the

Tribunal is just and reasonable compensation. Hence,

they sought for dismissal of the appeal.

8. Heard the learned counsel for the parties

and perused the judgment of the Tribunal.

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.

As per wound certificate, the claimant has

sustained left hand and inter condyle fracture of left

humerous. The claimant has not examined the doctor

regarding nature of injuries and disability suffered by

her. She was treated as inpatient for more than 7

days in the hospital and thereafter, has received

further treatment. Due to the accident, the claimant

has suffered grievous injuries and also undergone

surgery. She has suffered lot of pain during

treatment. Considering the nature of injuries

mentioned in the wound certificate and medical bills, I

am inclined to enhance the compensation awarded by

the Tribunal under the head of 'pain and sufferings'

from Rs.10,000/- to Rs.40,000/-, under the head of

'loss of amenities' from Rs.5,000/- to Rs.40,000/- and

under the head of 'conveyance, food and nourishment

expenses' from Rs.3,500/- to Rs.13,500/-.

Considering the nature of injuries, the

compensation awarded by the Tribunal under other

heads is just and reasonable.

10. Thus, the claimant is entitled to the

following compensation:

As awarded As awarded Compensation under by the by this different Heads Tribunal Court (Rs.) (Rs.) Pain and sufferings 10,000 40,000 Medical expenses 92,500 92,500 Food, nourishment, 3,500 13,500 conveyance and attendant charges Loss of income during 10,000 10,000 laid up period Loss of amenities 5,000 40,000 Total 121,000 196,000

11. 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.196,000/-.

Respondent No.3, Oriental Insurance Company

Ltd. and respondent No.5, New India Assurance

Company Ltd. are directed to deposit the

compensation amount equally 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

DM