Sri Chandraiah @ Chandranna vs United India Insurance Co Ltd
2022 Latest Caselaw 9610 Kant

                        1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 24TH DAY OF JUNE 2022

                     BEFORE

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

          MFA No. 6446 OF 2019 (MV)

BETWEEN:

SRI. CHANDRAIAH @ CHANDRANNA
S/O RANGAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.208, SASALU,
SHETTYKER HOBLI, HALASENDI BIDI,
KASABA, CHHAVADI,
CHIKKANAYAKANAHALLI-572 214.
                                     ...APPELLANT
(BY SRI. RAJU S., ADVOCATE)

AND:

1.   UNITED INDIA INSURANCE COMPANY LTD.,
     SHANKARANARAYANA BUILDING,
     NO.25, FLOOR NO.1,
     M.G.ROAD, BANGALORE-560 001.
     REPRESENTED BY
     THE BRANCH MANAGER.

2.   THE MD, VRL LOGISTICS LTD.,
     REGD AND ADMIN OFFICE,
     NH-4, BANGALORE,
     VARUR, HUBLI-580 029.
                                   ...RESPONDENTS
                            2



(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1
 NOTICE TO R2 IS DISPENSED WITH)

    THIS MFA IS FILED U/S.173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DT.11.07.2019
PASSED IN MVC NO.1678/2018 ON THE FILE OF THE
COURT OF SMALL CAUSES AND MACT, BENGALURU,
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 and decree dated 11.07.2019,

passed by the Court of Small Causes and Motor

Accident Claims Tribunal, Bangalore in MVC

No.1678/2018.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 29.05.2013, at about 2.30

p.m., the claimant was proceeding on motorcycle

bearing registration No.KA-44-K-5142 as a pillion

rider, when they reached near Jayanthi Village

towards Tiptur, at that time, lorry bearing registration

No. KA-25-B-4824, being driven by its driver at a high

speed and in a rash and negligent manner, dashed to

the vehicle in which the claimant was proceeding. 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 counsel and filed written statement

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.P13. On behalf of the

respondents, no witness was examined but got

exhibited document 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 global compensation of Rs.1,00,000/- along with

interest at the rate of 8% 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

sustained grievous injuries. He was treated as

inpatient for a period of 8 days. 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. He has spent Rs.93,208/- for

medical expenses. Considering the same, the global

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

injuries suffered by the claimant are minor in nature

and he has not examined the doctor. Considering the

injuries mentioned in the wound certificate, the

compensation awarded by the Tribunal is just and

reasonable.

Lastly, he contended that the interest awarded

by the tribunal at 8% is on higher side, contrary to

the judgment of a Division Bench of this Court in the

case of JOYEETA BOSE -V- UNITED INSURANCE

CO. Hence, he sought for dismissal of the appeal.

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.

As per wound certificate, the claimant has

sustained comminuted fracture of anterrior, medial

and posterior walls of left orbit fracture of left

zygomatricarch, left perobital and peri zygomaticosoft

tissue swelling and fracture of 2nd lateral end (3rd,

4th, 5th, 6th and 8th ribs) on the right side of the

chest and sustained other grievous injuries all over

the body. As per medical prescriptions-Ex-P10 and

medical bills-Ex-P11, he has spent Rs.93,208/- for

medical expenses. Considering the same, I am of the

opinion that in addition to the compensation awarded

by the Tribunal, Rs.50,000/- to be awarded with 6%

interest.

10. In the result, the appeal is allowed in

part. The judgment of the Claims Tribunal is modified.

In view of the law laid down by a Division Bench

of this Court in JOYEETA BOSE (supra), enhanced

compensation carries interest at 6% p.a.

The Insurance Company is directed to deposit

the compensation amount along with interest at 8%

p.a. (enhanced compensation shall carry interest at

6% per annum) 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

JY