Karnataka High Court
Arjun J S @ Arjun Jogi vs Rajappa on 23 June, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.7430 OF 2019(MV)
BETWEEN
ARJUN J S @ ARJUN JOGI
S/O H K SURESH
AGED ABOUT 28 YEARS
STUDENT AND AGRICULTURIST
R/AT KARANA NILAYA
VIVEKANANDA BADVANE
BIRUR TOWN, KADUR TQ
CHIKKAMAGALURU DISTRICT-577101.
...APPELLANT
(BY SRI.GIREESHA S N, ADV. FOR
SRI.MANJUNATH N D., ADV.)
AND
1 . RAJAPPA
AGED ABOUT 44 YEARS
S/O GOVINDAPPA
R/O JODITHIMMAPURA VILLAGE
BIRUR POST,BIRUR HOBLI
KADUR TQ-577548.
2
2 . BASAPPA
S/O RANGAPPA
AGED ABOUT 40 YEARS
R/O JODITHIMMAPURA VILLAGE
BIRUR POST, BIRUR HOBLI
KADUR TQ-577548.
3 . IFFCO-TOKIYO
GENERAL INSURANCE CO LTD.,
BRANCH OFFICE
CHIKKAMAGALURU-577101
REP. BY BRANCH MANAGER.
...RESPONDENTS
( BYS DRI. D.VIJAYA KUMAR, ADV. FOR R3:
NOTICE TO R1 & R2 IS DISPENSED WITH
V/O DATED: 23.06.2022)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED
02.11.2018, PASSED IN MVC NO.216/2014, ON THE
FILE OF THE SENIOR CIVIL JDUGE AND MMACT,
KADUR, CHIKKAMAGALURU DISTRICT, 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:
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 2.11.2018 passed by Senior
Civil Judge and MACT, Kadur in MVC 216/2014.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 25.10.2013 when the
claimant was proceeding on motorcycle bearing
registration No.KA-18-S-3633 as a pillion rider from
Kadur to Birur near Shanthi recreation club, at that
time, autorickshaw bearing registration No.KA18-A-
7465 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 respondents
appeared through their respective counsel and filed
written statements in which the averments made in
the petition were denied.
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.P64. On behalf of the
respondents, two witnesses were examined as RWs-1
and 2 and 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.175,658/- along with interest at the rate of 7%
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 as per wound certificate, the claimant
has sustained CLW deep in right frontal region,
bleeding from nose, swelling in right thigh and painful
movement. He was treated as inpatient for a period of
4 days. He has produced medical bills at Ex.P-15 to
42. Even after discharge from the hospital, he was not
in a position to discharge his regular work. He has
suffered lot of pain during treatment. Considering the
same, the overall compensation granted by the
Tribunal is on the lower side. Hence, he sought for
allowing the appeal.
7. On the other hand, the learned counsel for
the Insurance Company has contended that the
claimant has sustained simple injuries and he has not
examined the doctor regarding disability and injuries
suffered by him. Considering the same, the Tribunal
has granted just and reasonable compensation and it
does not call for interference. Further, the interest
awarded by the Tribunal at 7% p.a. on the
compensation amount 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 of the Tribunal.
9. It is not in dispute that the accident has
occurred due to rash and negligent driving of the
offending vehicle by its driver.
As per wound certificate Ex.P-10, the claimant
has sustained CLW deep in right frontal region,
bleeding from nose, swelling in right thigh and painful
movement. He was treated as inpatient for a period of
4 days. He has produced medical bills at Ex.P-15 to
42. He has not examined the doctor regarding
disability suffered by him. Therefore, considering the
evidence of the claimant and nature of injuries
mentioned in the wound certificate, I am inclined to
award compensation of Rs.40,000/- in addition to
compensation of Rs.175,658/- 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.2,15,658/-.
The Insurance Company is directed to deposit
the compensation amount along with interest @ 7%
p.a. (enhanced amount shall carry interest at 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 23.6.2022 passed by
this Court, the claimant is not entitled for interest for
the delayed period of 217 days in filing the appeal.
Sd/-
JUDGE
DM
