Sri Jagadeesh vs Sri C Shakthivel
2022 Latest Caselaw 9733 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF JUNE 2022

                          BEFORE

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

                 MFA No.3356 OF 2021(MV)

BETWEEN:

Sri. Jagadeesh,
S/o Chikkaraju,
Aged about 21 years,
R/at Keremegaladoddi Village,
Kyalancha Hobli,
Ramanagara Taluk,
Ramanagara District.                       ... Appellant

(By Sri.Raju S., Advocate)

AND:

1.     Sri. C. Shakthivel,
       S/o Chinnappayan,
       No.10, S.S.S. Building,
       A.V. Road, Chamarajpet,
       Bengalore-560 018.

2.     The National Insurance Co. Ltd.,
       No.1756, First Floor,
       V.V. Road,
       Mandya-571401.

3.     Sri. Naveen Kumar,
       S/o Bettaiah,
       Auto Driver,
       N.R.Colony (Bramanipura)
       Kasaba Hobli,
                             2



     Ramanagara Taluk,
     Ramanagara District.

4.   ICICI Lombard General Insurance
     SVR Complex, 2nd Floor,
     No.89, Hosur Road,
     Bangalore-560 068,
     Represented by its
     Branch Manager                         ... Respondents

(By Sri.L.Sreekanta Rao, Advocate for R2:
Notice to R1, 3 and 4 is dispensed with)

       This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated: 10.12.2020
passed in MVC No.537/2014 on the file of the III Additional
District and Sessions Judge and Member, Additional MACT,
Ramanagara, 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 10.12.2020 passed

by the MACT, Ramanagara in MVC No.537/2014.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 29.05.2014 at about 1.20

p.m., the claimant was proceeding in the auto

rickshaw bearing registration No.KA-42/9834 along

with his parents from N.R.Colony to Chakkeredoddi.

At that time, a lorry bearing registration No.KA-01/B-

9483 being driven by its driver at a high speed and in

a rash and negligent manner, dashed to the auto

rickshaw. 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 riding of the offending vehicle by

its rider.

4. On service of notice, the respondent Nos.1,

4 and 5 appeared through counsel and filed separate

written statements in which the averments made in

the petition were denied. The age, avocation and

income of the claimant and the medical expenses are

denied. Hence, they sought for dismissal of the

petition.

The respondent No.1 did not appear before the

Tribunal and hence he was 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 father of the claimant was

examined as PW-1 and got exhibited documents

namely Ex.P1 to Ex.P7. 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.20,000/- along with interest

@ 6% p.a. and directed the second respondent -

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 lacerated wound over his right knee

measuring 6 x 4 x 1 cms., he has suffered lot of pain

during treatment. The global compensation awarded

by the Tribunal at Rs.20,000/- 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 taken treatment as an outpatient. Considering

the injury suffered by 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

lacerated wound over his right knee measuring 6 x 4 x

1 and he has taken treatment as an outpatient.

Considering the injuries suffered by the claimant and

wound certificate, I am of the opinion that in addition

to the compensation awarded by the Tribunal,

Rs.30,000/- has to be awarded without interest.

Accordingly, appeal is disposed of.

The Insurance Company is directed to deposit

the compensation amount along, within a period of six

weeks from the date of receipt of copy of this

judgment.

Sd/-

JUDGE

Cm/-