Karnataka High Court
Gowtham vs D V Lokesh on 1 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13094
MFA No. 6153 of 2015
C/W MFA No.324 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6153 OF 2015(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 324 OF 2015 (MV-I)
IN MFA NO.6153 OF 2015
BETWEEN:
MR. D.V.LOKESH
S/O D.R.VENKATESH,
AGED ABOUT 35 YEARS,
DYAVARAYAPATTANA,
KANDALI POST,
HASSAN TALUK.
...APPELLANT
(BY SMT. PRIYANKA.S.ANGADI., ADVOCATE FOR
SRI. GURU PRASANNA.S., ADVOCATE)
AND:
Digitally signed by
THEJASKUMAR N 1. CHI. GOWTHAM
Location: HIGH S/O BASAVARAJU,
COURT OF
KARNATAKA AGED ABOUT 7 YEARS,
R/AT KYATANAHALLI VILLAGE,
SALAGAME HOBLI,
HASSAN TALUK-573 213.
REPRESENTED BY HIS
NATURAL GUARDIAN AND FATHER
MR. BASAVARAJU
S/O KARIGOWDA,
AGED ABOUT 30 YEARS,
SALAGAME HOBLI,
HASSAN TALUK.
HASSAN 573 213.
-2-
NC: 2024:KHC:13094
MFA No. 6153 of 2015
C/W MFA No.324 of 2015
2. RELIANCE GENERAL INSURANCE COMPANY LTD.,
1ST FLOOR, KRUTIKA ARCADE,
MPLS AS NO.329331,
NEAR N.R.CIRCLE,
HOLENARASIPURA ROAD,
HASSAN CITY,
HASSAN-573 201.
...RESPONDENTS
(R1-SERVED AND UNREPRESENTED;
BY SRI. H.C.BETSUR., ADVOCATE FOR R2)
IN MFA NO. 324 OF 2015
BETWEEN:
GOWTHAM
S/O BASAVARAJU,
AGED ABOUT 08 YEARS,
SINCE THE APPELLANT IS A MINOR,
REPRESENTED BY HIS NATURAL GUARDIAN FATHER,
MR. BASAVARAJU,
S/O KARIGOWDA,
AGED ABOUT 30 YEARS,
R/AT KYATANAHALLI VILLAGE,
SALAGAME HOBLI,
HASSAN TALUK,
HASSAN DISTRICT-573 213.
...APPELLANT
(BY SRI. P.P.JAYAKUMAR., ADVOCATE)
AND:
1. D.V.LOKESH
S/O D.R.VENKATESH,
MAJOR,
DYAVARAYAPATTANA VILLAGE,
KANDALI POST,
HASSAN TALUK,
HASSAN DISTRICT-57322.
-3-
NC: 2024:KHC:13094
MFA No. 6153 of 2015
C/W MFA No.324 of 2015
2. THE BRANCH MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED.,
1ST FLOOR, KRUTIKA ARCADE,
MPLS AS NO.329331,
NEAR N.R.CIRCLE,
HOLENARASIPURA ROAD,
HASSAN CITY,
HASSAN-573 201.
...RESPONDENTS
(BY SMT. PRIYANKA.S.ANGADI., ADVOCATE FOR
SRI. GURUPRASANNA.S., ADVOCATE FOR R1;
SRI. H.C.BETSUR., ADVOCATE FOR R2)
THESE MISCELLANEOUS FIRST APPEALS ARE FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:05.06.2014
PASSED IN MVC NO.690/2013 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MACT, HASSAN.
THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
COMMON JUDGMENT
Smt.Priyanka S.Angadi., learned counsel on behalf of
Sri.Guru Prasanna.S., for the appellant and Sri.H.C.Betsur.,
learned counsel for respondent No.2 have appeared in person.
Notice to the respondents was ordered on 14.06.2016. A
perusal of the office note depicts that respondent No.1 is
NC: 2024:KHC:13094
served and unrepresented. He has neither engaged the services
of an advocate nor conducted the case as party in person.
Sri.P.P.Jayakumar., learned counsel for the appellant,
Smt.Priyanka S.Angadi., learned counsel on behalf of
Sri.S.Guru Prasanna., for respondent No.1 and Sri.H.C.Betsur.,
learned counsel for respondent No.2 have appeared in person.
2. Though the appeals are listed today for admission,
it is heard finally.
3. For the sake of convenience, the parties are
referred to as per their status and rankings before the Tribunal.
4. The brief facts are these:
On the 16th day of March 2013 at about 05:45 pm, the
claimant and his father Basavaraju were standing on the left
side of road, in front of their house at Kyatanahalli. At that
time, a bike bearing Registration No.KA-02-EC-8394 came from
Hassan side in a rash and negligent manner and hit the
claimant. Due to the impact, he sustained injuries on his left
leg, right leg, left hand, forehead, etc., Immediately, he was
NC: 2024:KHC:13094
shifted to SC Hospital, Hassan. Contending that he is entitled
for compensation, the claimant filed claim petition.
In response to the notice, the first respondent remained
absent before the Tribunal and hence, he was placed ex-parte.
The second respondent Insurance Company appeared through
its counsel and filed written statement denying the petition
averments. Among other grounds, it prayed for dismissal of the
Claim petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:05.06.2014 allowed the petition
in part and awarded compensation of Rs.15,000/- (Rupees
Fifteen Thousand only) with 6% interest per annum from the
date of petition till the date of payment and directed
respondents 1 and 2 jointly and severally to pay the
compensation. The owner of the offending vehicle and the
claimant have assailed the Judgment of the Tribunal in these
appeals on several grounds as set-out in the Memorandum of
appeals.
NC: 2024:KHC:13094
5. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also the records with utmost care.
6. The following points would arise for consideration:
1. Whether the Tribunal is justified in directing
respondents 1 and 2 jointly and severally to pay
compensation?
2. Whether the Claimant is entitled for enhanced
compensation?
7. The facts are sufficiently stated and do not require
reiteration.
8. Learned counsel Smt.Priyanka S.Angadi., submits
that the Tribunal rightly concluded that the offending vehicle
was insured with the second respondent Insurance Company,
however in the operative portion of the Judgment erroneously
held that respondents 1 and 2 are jointly or severally liable to
pay compensation and directed both the respondents to deposit
the compensation. Counsel therefore, submits that the
operative portion of the order in so far as directing the first
NC: 2024:KHC:13094
respondent to deposit the compensation amount may be set-
aside.
Counsel Sri.H.C.Betsur., acknowledges the said
submission.
The oral submission made by learned counsel for the
respective parties is placed on record.
Perused the Judgment with utmost care. The Tribunal
extenso referred to the material on record and concluded that
the second respondent Insurance Company is liable to pay the
compensation. However, in the operative portion of the
Judgment, erroneously directed respondent No.1 to deposit the
compensation amount. This is incorrect. As the Insurance
Company is liable to pay the compensation amount, directing
the first respondent to deposit the compensation is
unsustainable in law.
For the reasons stated above, the operative portion of the
Judgment in so far as directing the first respondent to deposit
the compensation amount is liable to be set-aside.
NC: 2024:KHC:13094
9. Now, let me consider whether the compensation
awarded by the Tribunal requires enhancement. The Claimant's
appeal is one for enhancement of compensation. The grounds
urged in the appeal are mainly relating to the meager
compensation awarded under different heads by the Tribunal.
The Claimant has suffered pain and agony owing to the injuries
sustained in the accident. The Tribunal extenso referred to the
material on record and concluded that the claimant is entitled
for compensation of Rs.15,000/- (Rupees Fifteen Thousand
only) with 6% interest per annum from the date of petition till
the date of payment. In my view, the compensation so
awarded by the Tribunal is just and proper. I find no grounds to
interfere with the Judgment of the Tribunal.
10. For the reasons stated above, the Judgment of the
Tribunal in so far as directing the first respondent to deposit the
compensation amount is liable to be set-aside. Accordingly, it is
set-aside.
The Insurance Company is directed to satisfy the entire
compensation amount to the claimant. If the Insurance
NC: 2024:KHC:13094
Company has already deposited the amount, the same shall be
disbursed to the claimant.
11. Resultantly, the appeal filed by the owner of the
offending vehicle in MFA No.6153/2015 is allowed and the
appeal filed by the claimant in MFA No.324/2015 is dismissed.
The Registry concerned is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
