Karnataka High Court
Sri. C.Kumar vs Reliance Gen.Insu.Co.Ltd on 16 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:29015
MFA No. 7644 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 7644 OF 2018 (MV)
BETWEEN:
SRI. C.KUMAR
S/O. CHANNABASAPPA
R/O. PILLEKERENAHALLI VILLAGE
CHITRADURGA TALUK AND DISTRICT 577 501.
...APPELLANT
(BY SMT. MONIKA GANDHI L., ADVOCATE FOR
SRI. SPOORTHY HEGDE N., ADVOCATE)
AND:
1. RELIANCE GEN.INSU.CO.LTD
BY ITS BRANCH MANAGER, 1ST FLOOR
MAGANURU COMMERCIAL COMPLEX
NEAR KSRTC BUS STAND
B D ROAD, CHITRADURGA 577 501.
Digitally signed
by 2. SRI. DADAPEER
DHANALAKSHMI
MURTHY S/O. ABUDL JABBAR SAB
R/O. NEW SANTHE MAIDANA
Location: High
CHITRADURGA-577 501.
Court of
Karnataka ...RESPONDENTS
(BY SRI.D VIJAY KUMMAR., ADVOCATE FOR R1:
NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:30.06.2018
PASSED IN MVC NO.452/2017 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE & CJM, CHITRADURGA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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MFA No. 7644 of 2018
THIS APPEAL, COMING ON FOR HEARING, 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
award dated 30.06.2018 passed by the Principal Senior
Civil Judge and CJM, Chitradurga (hereinafter referred to
as 'the Tribunal') in MVC No.452/2017.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 11.09.2016 at about 4.30 p.m.
the claimant was proceeding in Bolero bearing registration
No.KA-16/B-9207 from Davanagere to Chitradurga. When
he reached near Truck Terminal in front of Murugarajendra
Oil Mill at Chitradurga, at that time, a lorry bearing
registration No.KA-16/A-5452 being driven by its driver at
a high speed and in a rash and negligent manner, dashed
to the vehicle of the claimant. As a result of the aforesaid
accident, the claimant sustained grievous injuries and was
hospitalized.
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MFA No. 7644 of 2018
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 appeared through counsel and respondent No.2 filed
written statement in which the averments made in the
petition were denied. The age, avocation and income of
the claimant and the medical expenses are 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 the rash and negligent driving of the vehicle by the
claimant himself. It was further pleaded that the driver of
the offending vehicle did not have valid driving licence as
on the date of the accident. It was further pleaded that the
liability is subject to terms and conditions of the policy. It
was further pleaded that the quantum of compensation
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MFA No. 7644 of 2018
claimed by the claimant is exorbitant. Hence, he sought
for dismissal of the petition.
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
and got exhibited documents namely Ex.P1 to Ex.P13. On
behalf of the respondents, no witnesses were examined
but got exhibited one document namely Ex.R1. 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.25,000/- along with interest at the rate of 9% p.a.
and directed the Insurance Company to deposit the
compensation amount along with interest. Being not
satisfied, claimant filed this appeal.
6. The learned counsel for the claimant has
contended that due to the accident the claimant has
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MFA No. 7644 of 2018
suffered grievous injuries. He was inpatient for a period of
5 days. He has suffered lot of pain during treatment and
he has to suffer the disability and unhappiness throughout
his life. The compensation awarded by the Tribunal at
Rs.25,000/- is on the lower side. Hence, she sought for
enhancement of compensation.
7. On the other hand, the learned counsel appearing
for the Insurance Company has contended that the injuries
suffered by the claimant are minor in nature. 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.
8. He further contended that in view of the law laid
down by a Division Bench of this Court in the case of
MS.JOYEETA BOSE AND OTHERS vs.
VENKATESHAN.V AND OTHERS (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the
rate of interest awarded by the Tribunal @ 9% p.a. is on
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MFA No. 7644 of 2018
the higher side. Hence, he sought for dismissal of the
appeal.
9. Heard the learned counsel for the parties and
perused the records.
10. It is not in dispute that the claimant has
sustained injuries in the road traffic accident occurred on
11.09.2016 due to rash and negligent driving of the driver
of the lorry bearing registration No.KA-16/A-5452 by its
driver.
11. Due to the accident the claimant has suffered
abrasion over the right side of the parietal region, difficulty
in breaching, chest pain and other injuries. He has not
examined the doctor. Considering the evidence of the
claimant and considering the wound certificate - Ex.P6, I
am of the opinion that, in addition to the compensation
awarded by the Tribunal, the claimant is entitled to
Rs,30,000/-.
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MFA No. 7644 of 2018
12. In the result, the appeal is allowed in part. The
judgment of the Claims Tribunal is modified.
13. The claimant is entitled to a total compensation
of Rs.55,000/- as against Rs.25,000/- awarded by the
Tribunal.
14. In view of the law laid down by a Division Bench
of this Court in JOYEETA BOSE (supra) the enhanced
compensation carries interest @ 6% p.a.
15. The Insurance Company is directed to deposit
the compensation amount along with interest 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.
Sd/-
JUDGE
CM
