Sri. Rangaswamy vs The Manager
2023 Latest Caselaw 5894 Kant

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                                                          NC: 2023:KHC:30031
                                                       MFA No. 10022 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. 10022 OF 2018(MV)
                   BETWEEN:

                   SRI. RANGASWAMY
                   S/O NANJEGOWDA
                   AGED ABOUT 41 YEARS
                   R/AT BIDARE VILLAGE
                   KEMBALU POST, CHANNARAYAPATNA TALUK
                   PRESENTLY RESIDING AT
                   C/O KUMAR, DEVAMMA EXTENSION
                   CHANNARAYAPATNA
                   HASSAN DISTRICT - 573201.
                                                                ...APPELLANT
                   (BY SRI. MADHU M T., ADVOCATE FOR
                   SRI. GIRISH B BALADARE .,ADVOCATE)
                   AND:

                   1.     THE MANAGER
Digitally signed by       THE UNITED INDIA INSURANCE COMPANY LTD
DHANALAKSHMI              VENKATESHWARA BUILDING
MURTHY                    B M ROAD, HASSAN - 573201.
Location: High
Court of            2. SRI DANDU V V S SUBRAMANYARAJU
Karnataka              S/O BALARAMRAJU
                       D NO 2-5-5, SHIVARAJPETE
                       BHEEMAVARAM, WEST GODAVARI DISTRICT
                       ANDHRA PRADESH - 534201.
                                                           ...RESPONDENTS
                   (BY SRI. B C SEETHARAMA RAO &.,ADVOCATE)


                           THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                   AGAINST THE JUDGMENT AND AWARD DATED 30/06/2018,
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                                          NC: 2023:KHC:30031
                                    MFA No. 10022 of 2018




PASSED IN MVC NO.1224/2017, ON THE FILE OF THE 4TH
ADDITIONAL    DISTRICT   AND   SESSIONS    JUDGE    (SIT   AT
CHANNARAYAPATNA), DISMISSING THE CLAIM PETITION FOR
COMPENSATION.

     THIS APPEAL, 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

dated 30.6.2018 passed by 4th Addl. District and Sessions

Judge, Hassan in MVC 1224/2017.

2. Facts giving rise to the filing of the appeal

briefly stated are that on 20.5.2017 when the claimant

was riding his motorcycle bearing registration No.KA-13-

EG-6610 on BM Road, NH-75 near Aladahalli Gate, at that

time, Innova Car bearing registration No.AP-37-BH-6777

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's vehicle was damaged.

NC: 2023:KHC:30031 MFA No. 10022 of 2018

3. The claimant filed a petition under Section 166

of the Act seeking compensation for damages caused to

his vehicle on account of the rash and negligent driving of

the offending vehicle by its driver.

4. On service of notice, the respondents appeared

through counsel and filed written statements 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 Claims Tribunal, by the impugned

judgment has dismissed the claim petition. Being

aggrieved, the present appeal has been filed.

6. The learned counsel for the claimant has

contended that the Tribunal is not justified in dismissing

the claim petition on the ground that the claimant has

failed to prove repair bills produced at Exs.P-9 to 11 and

examine the author of Exs-P9 to P11. Hence, he sought for

allowing the appeal.

NC: 2023:KHC:30031 MFA No. 10022 of 2018

7. On the other hand, the learned counsel for the

Insurance Company has contended that the Tribunal after

considering the evidence of the parties and materials

available on record has rightly dismissed the claim

petition. Hence, he sought for dismissal of the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

9. It is not in dispute that the claimant's

motorcycle bearing No.KA-13-EG-6610 was damaged in

the accident occurred on 20.05.2017 due to rash and

negligent driving of the offending car by its driver. The

claimant has produced the repair bills at Exs.P-9 to 11.

The learned counsel for the claimant has produced the bills

and other documents before this Court.

10. I have gone through the documents produced

by the claimant before this court and further considering

the evidence of the parties and materials available on

record, I am of the opinion that the claimant is entitled for

NC: 2023:KHC:30031 MFA No. 10022 of 2018

a global compensation of Rs.25,000/- without interest for

the damages caused to his vehicle.

11. In the result, the appeal is allowed in part.

The judgment of the Claims Tribunal is modified.

The claimant is entitled to a global compensation of

Rs.25,000/- without any interest.

The Insurance Company is directed to deposit the

compensation amount within a period of six weeks from

the date of receipt of copy of this judgment.

Sd/-

JUDGE

DM