Karnataka High Court
A Jagadish Holla vs Ganesh Ivan on 7 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:44442
MFA No. 366 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 366 OF 2020 (MV)
BETWEEN:
A JAGADISH HOLLA
S/O LATE A RAGHAVENDRA HOLLA
D.NO.EWS 40, KHB COLONY
CHITHRA, KUNJATHBAIL
MANGALORE-575015.
...APPELLANT
(BY SRI. SACHIN B S., ADVOCATE)
AND:
1. GANESH IVAN
S/O LATE BELLAPPA
AGED ABOUT 55 YEARS
Digitally signed
RESIDING AT KRUSHI NILAYA
by DODAGUBBI POST AND VILLAGE
DHANALAKSHMI
MURTHY BANGALORE-560077.
Location: High
Court of
Karnataka 2. SUPREME AUTO DEALERS PVT.LTD
DSK TOWERS, NH-66
KOTTARA CHOAKI
MANGALORE 575006.
...RESPONDENTS
(NOTICE TO R1 & R2 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 05.07.2019,
PASSED IN MVC NO.1497/2017, ON THE FILE OF THE XV-
ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM.,
MEMBER, MACT, BENGALURU (SCCH-19), AWARDING
-2-
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MFA No. 366 of 2020
COMPENSATION OF RS.2,33,700/- WITH INTEREST AT THE
RATE OF 9 PERCENT P.A., FROM THE DATE OF PETITION TILL
ITS REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, 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 owner being aggrieved by the judgment dated
05.07.2019 passed by MACT, Bengaluru in MVC
No.1497/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 23.03.2016 at about 05.00 p.m., when
the claimant was riding his TVS XL motorcycle bearing
Registration No.KA-03/HJ-3622 with due care and caution,
when reached near Garden Narayanappa House, Dodda
Gubbi Road, Bengaluru, at that time, the rider of
motorcycle bearing Registration No.KA-19/U-5266 rode
the same in a rash and negligent manner came at high
speed and dashed against the claimant's motorcycle. As a
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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
charges, etc. It was further pleaded that the accident
occurred purely on account of the rash and negligent
riding of the offending vehicle by its rider.
4. On service of notice, the respondent Nos.1 and 2
appeared through counsel and 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 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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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 Dr.Vishwanathan K. M. was examined as PW-2 and
got exhibited documents namely Ex.P1 to Ex.P19. On
behalf of the respondents, one witness was examined as
RW-1 and no document was exhibited. The Claims
Tribunal, by the impugned judgment, inter alia, held that
the accident took place on account of rash and negligent
riding of the offending vehicle by its rider, as a result of
which, the claimant sustained injuries. The Tribunal further
held that the claimant is entitled to a compensation of
Rs.2,33,700/- along with interest at the rate of 9% p.a.
and directed the owner to deposit the compensation
amount along with interest. Being aggrieved, the present
appeal has been filed by the owner of the offending
vehicle.
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6. The learned counsel for the owner of the offending
vehicle has raised the following contentions:
a) Firstly, the injuries suffered by the claimant are
minor in nature. The medical records produced by the
claimant is overlapping and some of the medical records
are not original. Therefore, the compensation awarded by
the Tribunal under the head of Medical Expenses
Rs.1,13,668/- is on higher side.
b) Secondly, due to the accident, the claimant has
suffered minor injuries. But the compensation awarded by
the Tribunal under the heads of 'loss of amenities', 'pain
and sufferings' and other incidental expenses are on
higher side.
c) Thirdly, in view of the Division Bench decision of this
Court in the case of Ms.Joyeeta Bose and others -v-
Venkateshan.V and others (MFA 5896/2018 and
connected matters disposed of on 24.8.2020), the rate of
interest awarded by the Tribunal at 9% p.a. on the
compensation amount is on the higher side. Hence, he
sought for reduction of compensation.
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7. Respondent No.1/claimant served and
unrepresented.
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 has sustained
injuries in the road traffic accident occurred on 23.03.2016
due to rash and negligent riding of the offending vehicle
by its rider.
10. As per wound certificate, the claimant has sustained
Temporal contusion. Some of the medical records
produced by the claimant are not tally with the medical
records produced by the claimant. The injuries suffered by
the claimant are minor in nature. Therefore, considering
the evidence of PW-1 and considering the medical records,
the compensation of Rs.1,13,668/- awarded by the
Tribunal under the head of 'Medical Expenses' is on the
higher side and the same is reduced to Rs.1,00,000/-.
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The compensation awarded by the Tribunal under the head
of 'pain and suffering' is on the higher side and the same
has been reduced from Rs.50,000/- to Rs.25,000/- and
the compensation awarded under the head of 'loss of
amenities' is also on the higher side and the same has to
be reduced from Rs.50,000/- to Rs.25,000/-,
respectively.
11. Considering the nature of injuries, the compensation
awarded by the Tribunal under other heads is just and
reasonable.
12. Thus, the claimant is entitled to the following
compensation:
As awarded As awarded
by the by this
Compensation under
Tribunal Court
different Heads
(Rs.) (Rs.)
Pain and sufferings 50,000 25,000
Medical expenses 1,13,668 1,00,000
Food, nourishment, 12,000 12,000
conveyance and
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attendant charges
Loss of income during 8,000 8,000
laid up period
Loss of amenities 50,000 25,000
Total 2,33,668 1,70,000
13. 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.
c) The claimant is entitled to a total compensation of
Rs.1,70,000/-.
d) In view of judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra), the
interest awarded by the Tribunal at 9% is scale down
to 6% per annum.
e) The appellant is directed to deposit the remaining
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
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six weeks from the date of receipt of copy of this
judgment.
f) The amount in deposit, if any, shall be transferred to
the Tribunal.
Sd/-
JUDGE
HA
