Taher @ Taher Hussain vs Mohd. Asif And Ors
2022 Latest Caselaw 5706 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 30TH DAY OF MARCH, 2022

                        BEFORE

      THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

             MFA No.201821/2019 (MV)
Between:
TAHER @ TAHER HUSSAIN
S/O MEHABOOB SAB,
AGE 21 YEARS, OCC: WORKING AS MECHANIC SHOP,
NOW NIL. R/O: 7TH MILE CROSS, HUNSIHALHUDA,
TQ: & DIST: RAICHUR.
                                            ...APPELLANT
(BY SRI.NAGARAJ PATIL, ADV. FOR
SRI. GURUBASAVA BASANNA NAYAK, ADV.)

AND
1.    MOHD. ASIF S/O MOULASAB,
      AGE: 28 YEARS, OCC: DRIVER OF PLATINA
      MOTORCYCLE BRG. NO. KA-36/EM-5013.
      R/O SHOP OF PANCHAR, KALLUR VILLAGE,
      TQ: & DIST: RAICHUR-584101.
2.    MOHAMMED WALI S/O MOHAMMED HAJI
      AGE: MAJOR, OCC: OWNER OF PLATINA
      MOTORCYCLE BRG. NO KA-36/EM-5013.
      R/O H. NO. 78, SIKAL CROSS, POST: NEERMANVI,
       TQ: MANVI, DIST: RAICHUR-584123.

3.    THE BRANCH MANAGER
      THE ORIENTAL INSURANCE CO.LTD,
      NO. 11-9-5, FIRST FLOOR, K.K.
      COMPLEX, CITY TALKIES ROAD,
      RAICHUR-584101.
                                        ... RESPONDENTS
(NOTICE TO R1 & R2 SERVED;
BY SMT.PREETI PATIL MELKUNDI, ADVOCATE FOR R3)
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       This Miscellaneous First Appeal is filed under Section
173(1) of the MV Act, praying to modify the judgment and
award dated 23.11.2018 passed in MVC No.150/2018 on
the file of II Addl. District and Sessions Judge and MACT,
Raichur and allow the appeal by enhancing the
compensation and etc.

      This appeal coming on for admission, this day, the
Court delivered the following:-


                        JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act',

for short) has been filed by the petitioner being

aggrieved by the judgment and award dated

23.11.2018 passed in MVC No.150/2018 by the Motor

Accident Claims Tribunal.

2. For the sake of convenience, parties are

referred to as per their ranking before the Claims

Tribunal. Appellant is petitioner and respondents are

respondents before the Tribunal.

3. Facts giving rise to the filing of the appeal

briefly stated are that on 09.07.2017 at about 5.45

a.m., he was proceeding as pillion rider on the

motorcycle bearing registration No.KA-36/EM-5013,

which was driven by respondent No.1. When they

reached near 7th mile cross Welcome Dhaba,

respondent No.1 drove the same in high speed in a

rash and negligent manner and dashed against one

Thimmareddy who was proceeding on the left side of

the road, due to which, he fell down along with

motorcycle and sustained grievous injuries. The

Petitioner has spent huge amount towards the medical

treatment. The petitioner filed a petition under

Section 166 of the Act seeking compensation.

3.1. Respondent Nos.2 and 3 filed written

statement denying the averments made in the petition

were denied and contended that occurrence of

accident due to the rash and negligent riding of the

rider of motorcycle. It is contended that the amount

claimed by the petitioner is highly exorbitant,

excessive, arbitrary and without any legal basis.

Hence, sought for dismissal of the petition.

3.2. There are two claim petitions, clubbed

together. On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and common

evidence was recorded. In order to prove the case,

the petitioner in this case examined as PW-1 and got

exhibited documents namely Ex.P1 to Ex.P12. On

behalf of the respondents, respondent No.2 is

examined as RW.1 and got exhibited documents

namely Ex.R1 to R3. The Tribunal, after recording the

evidence and considering the material on record,

allowed the petition in part and awarded

compensation of Rs.76,000/- along with interest at

the rate of 8% p.a. from the date of petition till

deposit and held that respondent Nos.2 and 3 are

jointly and severally liable to pay compensation. Being

dissatisfied with the compensation awarded by the

Tribunal, the petitioner has filed the present appeal

seeking for enhancement of compensation amount.

4. Heard the learned counsel for petitioner

and learned counsel for respondent No.2-Insurance

Company.

5. Learned counsel for the petitioner submits

that the petitioner has suffered grievous injuries and

produced copy of wound certificate which is marked s

Ex.P3. However, the tribunal has awarded the global

compensation of Rs.76,000/- which is on the lower

side and seeks for enhancement of compensation.

Hence, he prays to allow the appeal.

6. Per contra, the learned counsel for the

respondent No.2/Insurance Company supports the

impugned judgment and award passed by the

tribunal. He further submits that the compensation

awarded by the tribunal is just and proper and does

not call for any interference. Hence, prays to dismiss

the appeal.

7. Perused the records and considered the

submission made by the learned counsel for the

parties.

8. The point that arise for consideration is

with regard to quantum of compensation.

9. It is not in dispute with regard to manner

of accident and also injuries sustained by the

petitioner in the road traffic accident. In order to

prove that the petitioner has suffered injuries in the

accident, the petitioner has produced discharge card

and wound certificate, which is marked as Ex.P3 and

P6. Ex.P6, discloses that the petitioner was treated as

inpatient at RIMS Hospital, Raichur from 09.07.2017

to 15.07.2017 and the wound certificate Ex.P3,

discloses that the petitioner has sustained fracture of

right mandible. Considering the nature of injuries and

pain & suffering, the tribunal has awarded

compensation of Rs.76,000/- which is on the lower

side. Considering the nature of injuries and Exs.P3

and P6, the petitioner is entitled for global

compensation of Rs.1,25,000/- as against Rs.76,000/-

awarded by the tribunal.

10. In view of the above discussion, I proceed

to pass the following:

ORDER

(a) The appeal is allowed in part.

(b) The impugned judgment and award passed by

the Tribunal is modified.

(c) The petitioner is entitled for the total

compensation of Rs.1,25,000/- as against

Rs.76,000/- awarded by the tribunal.

(d) The petitioner is entitled to an enhanced

compensation of Rs.49,000/- along with

interest at the rate of 6% per annum from the

date of petition till the date of realization.

(e) The respondent No.2-Insurance Company is

directed to deposit the enhanced

compensation amount before the tribunal

within a period of eight weeks from date of

the receipt of certified copy of this judgment.

(f) The tribunal is directed to release the

enhanced compensation amount with interest

in favour of the petitioner.

Sd/-

JUDGE

msr