Sri Rama Hajare Benadi vs Sri Atheequr Rehaman
2022 Latest Caselaw 7445 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 25TH DAY OF MAY 2022

                        BEFORE

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

              MFA No.3019 OF 2020(MV)

BETWEEN:

SRI RAMA HAJARE BENADI
S/O APPANNA @ APPAJI HAJARE
AGED ABOUT 30 YEARS
SHEPHERD AND AGRICULTURIST
PERMANENT RESIDENT OF
BENATE VILLAGE, CHIKKODI TALUK,
BELAGAVI DISTRICT
NOW R/O B DURGA VILLAGE
B.DURGA HOBLI,
HOLALKERE TALUK,
CHITRADURGA DISTRICT 577518
                                         ...APPELLANT
(BY SRI N K SIDDESWARA, ADVOCATE)

AND:

1.    SRI ATHEEQUR REHAMAN
      S/O G.M. KHALANDAR
      MAJOR, PROP: HMG TRANSPORT
      NO.3456, 6TH DIVISION
      V.P. EXTENSION, MAIN ROAD,
      CHITRADURGA CITY - 577501

2.    RELIANCE GENERAL INSURANC CO. LTD.,
      NO.1 AND 2, 1ST FLOOR
      MAGANUR COMMERCIAL COMPLEX
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    NEAR KSRTC BUS STAND ROAD,
    B.D. ROAD,
    CHITRADURGA CITY- 577 002
    REPTD. BY ITS MANAGER
                                     ...RESPONDENTS
(BY SRI ASHOK N. PATIL, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 17.08.2019 PASSED
IN MVC NO.769/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND     JMFC, AMACT, HOLALKERE, 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 the Motor

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

for short) has been filed by the claimant being

aggrieved by the judgment dated 17.08.2019 passed

by the Motor Accident Claims Tribunal, Holalkere in

MVC No.769/2018.

2. Facts giving rise to the filing of the appeal

briefly stated are that the claimant is the shepherd

and he is owning more than 100 sheep and he is the

permanent resident of Benati Village, Chikkodi Taluk,

Belagavi District and his avocation is goes on

wandering from place to place and since from two

years he is wandering in and around Holalkere Taluk.

On 13.12.2017 when he was coming along with his

sheep beside the road nearby the land of Bande

Basappa, B.Durga Village, Holalkere Taluk, at that

time, a lorry bearing Registration No.KA-16/C-5001

driven by its driver in a rash and negligent manner

without observing the traffic rules and regulations,

dashed to the sheep, due to which, 32 sheep were

sustained grievous injuries and died on the spot and

15 sheep were injured.

3. The claimant filed a petition under Section

166 of the Act seeking compensation for the death of

32 sheep and 15 injured sheep along with interest.

4. On service of summons, the respondent

No.2 appeared through counsel and filed written

statement in which the averments made in the

petition were denied. It was pleaded that the petition

itself is false and frivolous in the eye of law. It was

further pleaded that the accident was due to

negligence on the part of the claimant and not on the

part of the driver of the offending vehicle. The driver

of the offending vehicle did not possess valid driving

licence as on the date of the accident. It was further

pleaded that the quantum of compensation claimed by

the claimants is exorbitant. Hence, he sought for

dismissal of the petition.

The respondent No.1 did not appear before the

Tribunal inspite of service of notice and hence 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 claimants, in order to

prove his case, examined claimant as PW-1 and

examined Dr.Manjunatha @ Manjappa as PW-2 and

got exhibited documents namely Ex.P.1 to Ex.P.9. On

behalf of respondents, no witness was examined but

exhibited a document namely Ex.R.1-Copy of

Insurance Policy. 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, 32 sheep were died on the spot and 15 sheep

were injured. The Tribunal further held that the

claimant is entitled to a compensation of

Rs.2,56,000/- along with interest at the rate of 6%

p.a. and directed the Insurance Company to deposit

the compensation amount along with interest. Being

aggrieved, this appeal has been filed.

6. Sri N. K. Siddeswara, learned counsel for

the claimant has contended that due to the accident,

32 sheep were died on the spot and 15 sheep were

injured. The claimant examined Dr.Manjunatha @

Manjappa as PW.2. In his evidence, he has

categorically stated that total cost of the sheep is

about Rs.4,50,000/- to Rs.5,00,000/- Lakhs. The

Tribunal has not properly appreciate the evidence of

the doctor and Wound Certificate - Ex.P.8. The

compensation awarded by the Tribunal Rs.8,000/- per

sheep is on lower side. He further contended that the

Tribunal has failed to grant any compensation for

injured sheep. Hence, he sought for enhancement of

compensation.

7. Per contra Sri Ashok N. Patil, learned

counsel for the Insurance Company has contended

that it is very clear from the evidence of the doctor

and also Wound Certificate, total cost of the sheep is

about Rs.4,50,000/- to Rs.5,00,000/- which includes

death of 32 sheep and 15 injured sheep. Considering

the same, the Tribunal has taken the average amount

and has rightly awarded the compensation of

Rs.8,000/- each for 32 sheep. 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 records.

9. The case of the claimant that he is the

resident of Benati Village, Chikkodi Taluk, Belagavi

District and his avocation is goes on wandering from

place to place and from two years he is wandering in

and around Holalkere Taluk. When he was coming

along with his sheep beside the road nearby the land

of Bande Basappa, B.Durga Village, Holalkere Taluk,

at that time, a lorry bearing Registration No.KA-16/C-

5001 driven by its driver in a rash and negligent

manner, dashed to the sheep, due to which, 32 sheep

were sustained grievous injuries and died on the spot

and 15 sheep suffered grievous injuries. He has

examined doctor as PW.2, in his evidence, he has

deposed that 32 sheep were died and 15 sheep were

injured and the total cost of sheep is Rs.4,50,000/- to

Rs.5,00,000/-. Considering the evidence of the doctor

and considering the Wound Certificate and valuation

certificate, I am of the opinion that Rs.10,000/- each

can be awarded for 32 sheep, who were died on the

road traffic accident and Rs.1,000/- each can be

awarded for 15 injured sheep.

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.3,35,000/- (Rs.32X10,000 + 15X1000)

The Insurance Company is directed to deposit

the compensation amount along with 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 excluding

the interest for the delayed period of 131 days on the

enhanced amount.

Sd/-

JUDGE

HA/-