Karnataka High Court
Santhosh S/O Bhimsha Haranne vs Mohammed Rafeeq Bagwan S/O Osman ... on 16 January, 2023
Bench: J.M.Khazi
1 MFA No.201215/2015
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
MFA No.201215/2015 (MV)
BETWEEN:
SANTOSH S/O BHIMSHA HARANNE
AGE: 27 YEARS, OCC: ROAD ROLLER DRIVER
R/O MANDAKNALLI
TQ. & DIST. BIDAR
... APPELLANT
(BY SRI KHADME UMESH, ADVOCATE)
AND:
1. MOHAMMED RAFEEQ BAGWAN
S/O OSMAN MIYAN
AGE: MAJOR, OCC: BUSINESS
R/O H.NO.6-193, MOMINPURA
GULBARGA, DIST. GULBARGA-585101
(PREVIOUS OWNER OF TVS XL
SUPER MOTORCYCLE BEARING
REG.NO.KA-01-Q-3563)
2. MOHAMMED SALEEM
S/O KHAJA MIYAN MULLAWALE
AGE: MAJOR, OCC: BUSINESS
R/O SIKINDRAPUR
TQ.BIDAR-585401
(PRESENT OWNER OF TVS XL
SUPER MOTORCYCLE BEARING
REG.NO.KA-01-Q-3563)
2 MFA No.201215/2015
3. DHANRAJ S/O TULJAPPA
AGE:38 YEARS, OCC: PVT. SERVICE
R/O MANDAKNALLI
TQ.BIDAR-585401
(OWNER OF HERO HONDA
SPLENDOR MOTORCYCLE BEARING
REG. NO.KA-01-Y-8646)
4. THE MANAGER
UNITED INDIA INSURANCE CO. LIMITED
BRANCH OFFICE NO.9-2-24-5
1ST FLOOR, MAIN ROAD
AMBEDKAR CIRCLE
BIDAR-585401
...RESPONDENTS
(SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DATED 16.02.2021, THE APPEAL STANDS DISMISSED
AS AGAINST UNSERVED R1 FOR NON-PROSECUTION;
R2 AND R3 ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT
PRAYING TO ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD DATED 08.01.2015 PASSED BY
THE PRL. DIST. AND SESSIONS JUDGE AND MACT, BIDAR
IN MVC NO.28/2012 AND CONSEQUENTLY BE PLEASED TO
ENHANCE THE COMPENSATION FROM RS.43,000/-TO
RS.10,00,000/-WITH INTEREST @ 12% PER ANNUM FROM
THE DATE OF PETITION TILL ACTUAL REALIZATION.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
3 MFA No.201215/2015
JUDGMENT
Not being satisfied with quantum of
compensation granted by the Tribunal, the appellant,
who is the petitioner has come up with this appeal
under Section 173(1) of the Motor Vehicles Act
(hereinafter referred to as 'the Act' for short).
2. For the sake of convenience, the parties
are referred to by their rank before the Tribunal.
3. It is the case of the petitioner that on
03.02.2011, the petitioner along with respondent No.3
Dhanraj was proceeding on Hero Honda motorcycle
bearing registration No.KA-01/Y-8946 (hereinafter
referred to as 'Hero Honda Motorcycle') from Bawagi
to Kamthana. The petitioner was the pillion rider. At
about 9-45 p.m., when they were near Sikindrapur
cross, rider of TVS XL Super Motorcycle bearing
registration No.KA-01/Q-3563 (hereinafter referred to
as 'the offending vehicle'), being driven by its rider in
a rash or negligent manner, came from the opposite
side and dashed against the Hero Honda motorcycle.
In the said accident, the petitioner sustained severe
injuries. Inspite of prolonged treatment, he is not
completely cured. The concerned police have
registered criminal case against riders of the both
vehicles.
4. Respondent Nos.1 and 2 are the previous
and present owners of the offending vehicle.
Respondent No.3 is the owner of Hero Honda
Motorcycle. Respondent No.4 is the insurer of
offending vehicle and as such, all of them are jointly
and severally liable to pay the compensation.
5. Respondent No.1 remained ex parte.
6. Respondent No.2 has filed written
statement contending that the accident occurred due
to the rash or negligent riding of Hero Honda
Motorcycle. Since it is insured with respondent No.4,
respondent Nos.3 and 4 are jointly liable to pay the
compensation.
7. Respondent No.4 filed written statement
admitting that Hero Honda Motorcycle was covered by
a valid policy. However, since respondent No.3, the
rider of Hero Honda Motorcycle was not possessing a
valid driving licence, it is not liable to pay the
compensation. The concerned police have registered
the criminal case against both the riders.
8. Respondent Nos.2 and 4 have disputed the
age, occupation, income and nature of the injuries
sustained by the petitioner and that the injuries have
resulted in permanent partial disability.
9. Based on the pleadings, the Tribunal
framed necessary issues.
10. The petitioner is examined as P.W.1 and
Exs.P.1 to 23 are marked.
11. Respondents have not led any oral or
documentary evidence.
12. Vide the impugned judgment and award,
the Tribunal has granted compensation in a sum of
Rs.43,000/- with interest at 6% p.a. The Tribunal held
that accident occurred due to the contributory
negligence of riders of both vehicles. As the insurer of
Hero Honda Motorcycle, it directed respondent No.4 to
pay 50% and directed respondent Nos.1 and 2 to pay
remaining 50% of compensation.
13. Respondents have not challenged the
impugned judgment and award and as such, the
findings of the Tribunal that the accident occurred due
to the rash or negligent driving by riders of both
vehicles has attained finality.
14. The petitioner has challenged the impugned
judgment and award on quantum and sought for
enhancement by contending that the compensation
granted under all the heads is on the lower side.
15. Heard the arguments of the learned
counsel for the parties and perused the records.
16. As evident from the wound certificate at
Ex.P.7, the petitioner has suffered fracture of
mandible lefort III and lacerated wound over the lower
lip. He has taken treatment for 8 days as inpatient at
Hyderabad. He has also produced medical bills for a
sum of Rs.500/-. Taking into consideration these
aspects, the Tribunal has granted compensation in a
sum of Rs.25,000/- under the head pain and suffering,
Rs.15,000/- towards loss of amenities and Rs.3,000/-
towards medical expenses, hospitalization, incidental
and miscellaneous expenses.
17. Taking into consideration these aspects, I
am of the considered opinion that the petitioner is
entitled for enhancement of compensation i.e., global
compensation in a sum of Rs.10,000/- in addition to
the compensation already granted by the Tribunal.
Accordingly, I proceed to pass the following:
ORDER
(i) The Appeal is allowed in part.
(ii) The appellant is entitled for global
compensation in a sum of Rs.10,000/- in addition to
the compensation already awarded by the Tribunal
together with interest at 6% p.a.
(iii) Respondent Nos.1 and 2 being the previous
and present owners of the offending vehicle shall
deposit 50% of the enhanced compensation with
interest and respondent No.4 being the insurer of
Hero Honda Motorcycle shall deposit remaining 50%
of the enhanced compensation with interest within a
period of six weeks from the date of this order.
(iv) Vide order dated 06.01.2022, the petitioner
is not entitled to interest for delay of 118 days on the
enhanced compensation.
(v) Send a copy of this order to the Tribunal.
Sd/-
JUDGE
RSP
