Karnataka High Court
Indira Poojarthy vs Reena D Silva on 1 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:43324
MFA No. 63 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 63 OF 2021 (MV)
BETWEEN:
INDIRA POOJARTHY
AGED ABOUT 59 YEARS
W/O SUDHARMA POOJARY
R/O SHRI SIDDI
UPPOR VILLAGE, THENKABETTU POST
UDUPI TALUK AND DISTRICT-576101
...APPELLANT
(BY MISS. SWATHI G HEGDE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
AND:
1. REENA D SILVA
W/O BLAISIE DIAS
AGED BY MAJOR
Digitally signed R/AO H.NO.2-6, HADAVU POST
by PADUKONE, KUNDAPURA TALUK
DHANALAKSHMI
MURTHY UDUPI DISTRICT-576201.
Location: High
Court of 2. THE UNITED INDIA INSURANCE CO LTD
Karnataka
DIVISIONAL MANAGER
DIVISIONAL OFFICE
JEWEL PLAZA, 1ST FLOOR
MARUTHI VEETHIKA
UDUPI-576101
...RESPONDENTS
(BY SRI.S.V. HEGDE MULKHAND., ADVOCATE FOR R2:
NOTICE TO R1 SERVED & UNREPRESENTED)
-2-
NC: 2023:KHC:43324
MFA No. 63 of 2021
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:06.07.2020
PASSED IN MVC NO. 972/2016 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT,
UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION 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
dated 6.7.2020 passed by MACT, Udupi in MVC
No.972/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 12.4.2016 when the claimant was a
pedestrian on western mud portion of NH-66, near Uppor,
at that time, moped bearing registration No.KA-20-F-8959
being ridden by its rider at a high speed and in a rash and
negligent manner, dashed to the claimant. As a result of
NC: 2023:KHC:43324
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 she spent
huge amount towards medical expenses, conveyance
charges, 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 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 claimant herself was examined as PW-1
and got exhibited documents namely Ex.P1 to Ex.P8. On
behalf of the respondents, two witnesses were examined
as RWs-1 and 2 and got exhibited documents namely
NC: 2023:KHC:43324
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 Rs87,264/- along
with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest with liberty to recover the same from
the owner of the offending vehicle. Being aggrieved, the
present appeal has been filed.
6. The learned counsel for the claimant has contended
that as per wound certificate, the claimant has sustained
laceration on the back of head, reddish contusion on the
right shoulder, reddish abrasion on the right 3rd toe. She
was treated as inpatient for a period of 9 days. She has
produced medical bills amounting to Rs.38,264/-. Even
after discharge from the hospital, she was not in a position
to discharge her regular work. She has suffered lot of pain
NC: 2023:KHC:43324
during treatment. Considering the same, the overall
compensation of 87,264/- awarded by the Tribunal is on
the lower side. Hence, she sought for allowing the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has contended that the claimant has
sustained simple injuries and she has not examined the
doctor regarding disability and injuries suffered by her.
Considering the evidence of the claimant and injuries
mentioned in the wound certificate and considering the
medical bills, the Tribunal has granted just and reasonable
compensation and it does not call for interference. Further,
considering the evidence of the parties and materials
available on record, the Tribunal has rightly exonerated
the Insurance Company from liability and rightly ordered
for pay and recover. 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.
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9. It is not in dispute that the accident has occurred due
to rash and negligent riding of the offending vehicle by its
rider.
10. As per wound certificate, the claimant has sustained
laceration on the back of head, reddish contusion on the
right shoulder, reddish abrasion on the right 3rd toe. She
was treated as inpatient for a period of 9 days. She has
produced medical bills amounting to Rs.38,264/-. She has
not examined the doctor regarding disability suffered by
her. Considering the evidence of the claimant and injuries
mentioned in the wound certificate and considering the
medical bills, I am inclined to award compensation of
Rs.130,000/- as against compensation of Rs.87,264/-
awarded by the Tribunal.
11. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
NC: 2023:KHC:43324
c) The claimant is entitled to a total compensation of
Rs.130,000/- as against Rs.87,264/- awarded by
the Tribunal.
d) 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. Thereafter, the Insurance Company is at
liberty to recover the said amount from the owner of
the offending vehicle.
Sd/-
JUDGE
DM
