Karnataka High Court
Smt. Kasturi K Doddapattar @ vs M/S. National Insurance Co. Ltd on 31 May, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.8077 OF 2018 (MV - I)
BETWEEN:
SMT. KASTURI K DODDAPATTAR @
KASTURI DODDAPATTAR,
W/O. KRISHNAMURTHY L. DODDAPATTAR @
KRISHNAMURTHI,
AGED ABOUT 62 YEARS,
R/AT NO.138/B, 1ST MICO LAYOUT,
16TH MAIN, BEGUR ROAD,
BENGALURU - 560 023.
...APPELLANT
(BY SRI.SRIDHAR D.S., ADVOCATE)
AND:
1. M/S. NATIONAL INSURANCE CO. LTD.,
MARATHAHALLI DIVISIONAL OFFICE,
XI, #86/80, 2ND FLOOR, MAIN ROAD,
MARATHALLI,
BENGALURU - 560 037,
REPRESENTED BY ITS MANAGER.
2. RAM MURTHY R.,
S/O. RAJA.A,
MAJOR,
2
A.NO.31, 14TH MAIN,
3RD CROSS, VINAYAKA LAYOUT,
HONGASANDRA, BEGUR ROAD,
BENGALURU - 560 068.
3. RAVIKIRAN. D.,
S/O RAMANNA,
MAJOR,
NO.1625, NEAR ST.FRANCIS SCHOOL,
AMALODANAGAR,
BENGALURU CITY - 560 068.
...RESPONDENTS
(BY SMT.H.R.RENUKA, ADVOCATE FOR R1;
NOTICE TO R2 AND R3 SERVED BUT
UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED
22/06/2018, PASSED IN MVC NO.5308/2015, ON THE
FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE &
MACT, (SCCH-11), 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 22.06.2018 passed
by the I Additional Small Causes Judge and MACT
(SCCH-11), Bengaluru (hereinafter referred to as
'Tribunal') in MVC No.5308/2015, whereby the
Tribunal has granted a compensation of Rs.1,26,009/-
along with interest at the rate of 6% p.a.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 27.10.2015 at about
7.15 a.m., when he was walking on 16th Main Road,
on the extreme left side of the road, at that time, a
motor cycle Hero Honda Passion Pro bearing
registration No.KA-51-V-9307 ridden by its rider at a
high speed, in a rash and negligent manner, dashed to
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.
appeared through their 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 not due to the
rash and negligent riding of the offending vehicle by
its driver. Respondent No.2 denied the contents of
the petition and contended that he has sold the
vehicle Ravi Kiran. The liability is subject to terms
and conditions of the policy. Hence, he sought for
dismissal of the petition.
5. On the basis of the pleadings of the parties,
the Claims Tribunal framed three issues and thereafter
recorded the evidence. The claimant herself
examined as PW-1 and Dr.Nagaraj B.N., examined as
PW-2 and got exhibited documents, namely, Ex.P1 to
Ex.P14. 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.1,26,009/- along with
interest at the rate of
6% p.a., and directed respondent No.1 to deposit the
compensation amount within 30 days from the date of
the order. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has
raised the following contentions:
Even though the claimant claims that she was
working as tailor and earning salary of Rs.10,000/-
per month, but the Tribunal has taken the notional
income as merely as Rs.7,000/- per month.
Due to the accident, the claimant has sustained
grievous injuries. She has suffered lot of pain during
treatment. Therefore, the overall compensation
awarded 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 raised following counter
contentions:
Firstly, even though the claimant claims that she
was earning Rs.10,000/- per month, she has not
produced any documents to establish her income.
Secondly, the injuries sustained by the claimant
are minor in nature. Considering the injuries sustained
by the claimant and considering the age and avocation
of the claimant, the overall compensation awarded by
the Tribunal is just and reasonable compensation.
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 a 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 following injures:
"D12 Anterior-superior chip fracture
with mild wedge compression fracture and
other injuries."
The claimant was inpatient for a period of 6
days. She has examined the doctor and the doctor
assessed the whole body disability at 5%. Considering
the evidence of doctor and injuries suffered by the
claimant, I am of the opinion that in addition to the
compensation awarded by the Tribunal, Rs.25,000/- is
awarded without interest.
10. In the result, the appeal is allowed in
part. The judgment of the Claims Tribunal is modified.
The claimant is entitled to an additional
compensation of Rs.25,000/-.
The Insurance Company is directed to deposit
the compensation amount of Rs.25,000/- within a
period of six weeks from the date of receipt of copy of
this judgment.
The Tribunal is directed to release the
compensation amount in favour of the claimant after
due verification.
Sd/-
JUDGE
SSB
