Karnataka High Court
Kanakaraj vs Diljeet Singh Bhanot on 23 August, 2023
Bench: H T Prasad
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MFA No. 3766 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 3766 OF 2018 (MV)
BETWEEN:
KANAKARAJ
AGED ABOUT 34 YEARS
S/O KUMARASWAMY
MANSION MASTERY
R/AT BABUSABPALYA
GULLAPPA CIRCLE
OM SHAKTHI TEMPLE
KAMMANAHALLI, BENGALURU
...APPELLANT
(BY SMT. SWATHI G HEGDE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
AND:
1. DILJEET SINGH BHANOT
S/O R S BHANOT
Digitally signed by
DHANALAKSHMI NO.60/4, MP CAMP
MURTHY OPP ISRO AIRPORT ROAD
Location: High MURUGESHPALYA
Court of BENGALURU-560017
Karnataka PLOT NO.60, C BOMMASANDRA AREA
BENGALURU.
2. L AND T GENERAL INSURNACE COMPANY LTD
L AND T HOUSE, N.M. MARG
BALLARD ESTATE, MUMBAI-400 001
...RESPONDENTS
(BY SRI.RAVI S SAMPRATHI., ADVOCATE)
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MFA No. 3766 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:14.06.2017
PASSED IN MVC NO.126/2014 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MACT, KOLAR
(ITINERATING AT MULBAGAL) PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. 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 14.06.2017 passed by the MACT, Kolar in
MVC No.126/2014.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 26.01.2014, the claimant was riding his
TVS Star City Motor Cycle bearing Registration NoKA-53-
EB-9151 from Kolar side to Mulbagal town. When he has
reached near Madarasa, NH-4 road at 3.00 p.m., at that
time, the driver of the Car bearing Registration No.KA-03-
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MFA No. 3766 of 2018
MJ-8697 came in a rash and negligent manner and dashed
against the claimant's vehicle.. 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 respondents have 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. The age, avocation and income of the claimant
and the medical expenses are denied. It was further
pleaded that the quantum of compensation claimed by the
claimant is exorbitant. Hence, they sought for dismissal of
the petition.
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MFA No. 3766 of 2018
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.P14.
On behalf of the respondents, one witness was examined
as RW-1 and marked two documents namely Ex.R1 and
Ex.R2. 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.18,372/- along with
interest at the rate of 6% p.a. and directed Insurance
Company to deposit the compensation amount along with
interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimant has contended
that due to the accident, the claimant has suffered
grievous injuries. He has spent Rs.6,372/- for medical
expenses. He has suffered lot of pain during the
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MFA No. 3766 of 2018
treatment. The compensation of Rs.18,372/- granted by
the Tribunal is on lower side. Hence, he 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. Therefore, considering the
documents available on record and considering the
evidence of PW-1, the Tribunal has granted 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.
10. Due to the accident, the claimant has suffered simple
injuries. He has not examined the doctor. He has spent
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MFA No. 3766 of 2018
Rs.6,372/- for medical expenses. Therefore, considering
the evidence of PW-1, considering the medical bills,
discharge summary and the injuries suffered by the
claimant, I am of the opinion that the compensation
awarded by the Tribunal Rs.18,372/- has to be enhanced
to Rs.30,000/- with 6% interest per annum.
11. In the result, the appeal is disposed of. The
judgment of the Claims Tribunal is modified.
12. The claimant is entitled to a total compensation of
Rs.30,000/- against Rs.18,372/- awarded by the
Tribunal.
13. The Insurance Company is directed to deposit the
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.
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MFA No. 3766 of 2018
14. In view of the order dated 20.10.2022 passed by this
Court, the claimant is not entitled for interest for the
delayed period of 227 days in filing the appeal.
Sd/-
JUDGE
HA
