Basavaraja vs Ganji Lingareddy
2022 Latest Caselaw 7803 Kant

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  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.3012 OF 2020(MV)
BETWEEN:

BASAVARAJA,
S/O THIPPESHAPPA,
AGED ABOUT 28 YEARS,
MENSON WORK, R/O DUMMI VILLAGE,
RAMAGIRI HOBLI,HOLALKERE TALUK,
CHITRADURGA DISTRICT - 577 539.
                                          ...APPELLANT
(BY SRI.N.K.SIDDESWARA, ADVOCATE)

AND:

1. GANJI LINGAREDDY,
   S/O NOT KNOWN TO APPELLANT,
   MAJOR, R/O NO.222,
   NEAR GOVT. PRIMARY SCHOOL,
   SIDDAMMANAHALLY,
   BELLARY TALUK & DISTRICT - 583 115.
   OWNER OF TATA ITACHI VEHICLE
   SERIAL NO.S200-22696,
   ENGINE NO.61-L-84349333.

2. RELIANCE GENERAL INSURANCE CO., LTD.,
   KSRTC BUS STAND OPPOSITE,
   CHITRADURGA CITY - 577 501.
   REP. BY ITS DIVISIONAL MANAGER.
                                    ...RESPONDENTS

(BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)
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     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, AGAINST JUDGMENT AND AWARD DATED 29.07.2019
PASSED IN MVC NO.857/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE, JMFC AND M.A.C.T., 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 Motor

Vehicles Act, 1988 (hereinafter referred to as 'the

Act') has been filed by the claimant being aggrieved

by the judgment and decree dated 29.07.2019 passed

by MACT, Holalkere in MVC No.857/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 23.04.2017 at about 09.15

A.M., the claimant was traveling on the motorcycle

bearing Registration No.KA-17/U-6651 from

Malladihalli to Holalkere Town on NH-13 road near

Kukvadeshwari Temple to Holalkere Taluk, at that

time, the driver of the Tata Itachi Serial No.20022696

Engine No.61-L-84349333 drove the same in a rash

and negligent manner without observing the traffic

rules and regulations, dashed to the claimant's

motorcycle. 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 respondent Nos.1

and 2 have 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 got exhibited documents namely

Ex.P1 to Ex.P8. On behalf of the respondents, two

witnesses were examined as RW-1 and RW-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.41,505/- 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 accident, the

claimant has suffered 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. Considering the same, the

compensation granted by the Tribunal Rs.41,505/- is

on the lower side. Hence, he sought for enhancement

of compensation.

7. Per contra, Sri D. Vijaykumar, the learned

counsel for the Insurance Company has contended

that the injuries suffered by the claimant are minor in

nature. He was treated in the hospital as inpatient

only for a period of 8 days. He has not examined the

doctor. Considering the injuries sustained by the

claimant and considering the age and avocation of the

claimant, the 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 the road traffic accident occurred

due to rash and negligent driving of the offending

vehicle by its driver.

Due to accident, the claimant has sustained

fracture of left clavicle. He was treated in the hospital

as inpatient for a period of 8 days. He has suffered lot

of pain during treatment. Considering the injury

suffered by the claimant and considering the Wound

Certificate, Ex.P.5, I am of the opinion that in addition

to the compensation awarded by the Tribunal,

Rs.40,000/- is awarded with interest.

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.81,505/- (Rs.41,505/- + Rs.40,000/-).

The Insurance Company is directed to deposit

the entire compensation amount along with interest @

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.

This Court while condoning the delay, has denied

the interest for a period of 150 days. Hence, the

claimant is not entitled for the interest for the delayed

period in filing the appeal.

Sd/-

JUDGE

HA/-