Karnataka High Court
Kum Rekha B vs Swetha Fareeda D Souza on 3 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:13566
MFA No. 6660 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.6660 OF 2014(MV-I)
BETWEEN:
KUM. REKHA.B
D/O B.LAKSHMIKANTHA RAO,
AGED ABOUT 34 YEARS,
R/AT.NO.23, SRIKANTANILAYA,
MUNISWARA TEMPLE ROAD,
LOTTE GOLLAHALLI,
RMV II STAGE,
BANGALORE-560 094.
...APPELLANT
(BY SRI. N.S.BHAT., ADVOCATE)
AND:
1. SWETHA FAREEDA D'SOUZA
D/O REMEDIUS D'SOUZA,
MAJOR, R/AT NO.43,
Digitally signed by BANASHANKARI NIVAS,
THEJASKUMAR N 10TH CROSS, BENDRENAGAR,
Location: HIGH II STAGE, II BANASHANKARI,
COURT OF
KARNATAKA BANGALORE-560 070.
(R.C.OWNER OF HONDA ACTIVA SCOOTER
BEARING REGISTRATION NO.KA-95-E2-4968)
2. THE MANAGER,
M/S. BAJAJ ALLIANZ GENERAL
INSURANCE COMPANY LIMITED,
NO.649, V.P.COMPLEX,
JAYANAGAR V BLOCK,
NEAR SRI. RAGHAVENDRA SWAMY MUTT,
NEAR CITY BANK, ATM CENTRE,
BANGALORE-560 034.
-2-
NC: 2024:KHC:13566
MFA No. 6660 of 2014
(INSURER OF THE HONDA ACTIVA SCOOTER
REGISTRATION NO.KA-05-EZ-4968)
...RESPONDENTS
(NOTICE TO R1-HELD SUFFICIENT V/O DATED:15.01.2021;
BY SRI. H.S.LINGARAJ., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:23.06.2014
PASSED IN MVC NO.8777/2010 ON THE FILE OF THE VIII
ADDITIONAL SMALL CAUSES JUDGE, XXXIII ACMM, MEMBER,
MACT, BANGALORE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.N.S.Bhat., learned counsel for the appellant and
Sri.H.S.Lingaraj., learned counsel for respondent No.2 have
appeared in person.
Emergent notice to respondents was ordered on
16.02.2015. A perusal of the order sheet depicts that the first
respondent is held sufficient vide order dated:15.01.2021. She
has neither engaged the services of an advocate nor conducted
the case as party in person.
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2. Though the appeal is listed today for dismissal, 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 28th day of May 2010 at about 10:30 a.m., the
claimant was riding TVS Scooty motorcycle bearing Registration
No.KA-04-EF-5267 along with her mother as a pillion rider in
new BEL road, in front of KFC stall. At that time, a Honda
Activa motorcycle bearing Registration No.KA-05-EZ-4968
came in a rash and negligent manner and hit the claimant's
motorcycle. Due to the impact, the claimant fell and sustained
fracture wound to her right leg. She was shifted to Shirdi Sai
Hospital, New BEL road and took treatment. Contenting that
she is entitled for compensation, the claimant file a Claim
Petition.
In response to the notice, the respondents appeared
through their counsel. The second respondent Insurance
Company filed objections denying the petition averments. It
specifically contended that the rider of the offending vehicle
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was not having a valid and effective driving license as on the
date of the accident. Among other grounds, it prayed for
dismissal of the petition.
Based on the above pleadings, the Tribunal framed
issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:23.06.2014 allowed the petition
in part. It is this Judgment that is called into question in this
appeal on several grounds as set-out in the Memorandum of
appeal.
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 fastening the
liability on the owner of the offending vehicle.
2. Whether the Claimant is entitled for enhanced
compensation.
7. The facts are sufficiently stated and do not require
reiteration. Sri.N.S.Bhat., learned counsel in presetting his
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arguments strenuously urged that the rider of the offending
vehicle was having driving license as on the date of the
accident and the offending vehicle was insured with the
Insurance Company. Hence, exonerating the Insurance
Company from the liability is unsustainable in law.
By way of reply to this contention, counsel
Sri.H.S.Lingaraj., justified the Judgment of the Tribunal. He
drew the attention of the Court to Ex.R3.
Perused the records with utmost care, in particular
Ex.R.3. It is a letter dated:22.07.2011. A perusal of the same
depicts that ER.Saranpal Singh, Surveyor Loss Assessor has
issued a communication to the Manager, Bajaj Allianz General
Insurance Company, Jalandhar stating that the clerk concerned
of the office of the District Transport, Amritsar has given in
writing that their office has not issued a license with Number
3645 to Vibhoe Mishra. If that be so, Vibhoe Mishra was riding
the vehicle that belonged to the first respondent without a
driving license.
The Tribunal took note of the material evidence on record
and rightly exonerated the Insurance Company from the
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liability. In my view, the conclusion so arrived at by the
Tribunal is just and proper. Therefore, the first respondent
owner of the offending vehicle is directed to satisfy the
compensation awarded by the Tribunal.
8. Now let me consider whether the claimant is
entitled for enhanced compensation. The claimant's appeal is
one for enhancement of compensation and modification of the
judgment. The grounds urged in the present appeal is that the
compensation awarded by the Tribunal is meager. The Tribunal
extenso referred to the material on record and awarded
compensation of Rs.35,000/- (Rupees Thirty Five Thousand
only) with 8% interest per annum from the date of petition till
realization. However, looking into the nature of injuries
sustained by the claimant, this Court deems it appropriate to
enhance the compensation to Rs.50,000/- (Rupees Fifty
Thousand only) as against Rs.35,000/- (Rupees Thirty Five
Thousand only) awarded by the Tribunal.
Having regard to the facts and circumstances of the case
and the prevailing rate of interest during the relevant time, this
Court deems it appropriate to award interest at the rate of 6%
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per annum on the enhanced compensation amount from the
date of claim petition till realization.
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part. The Judgment dated:23.06.2014
passed by the Court of VIII Addl. Small Causes
Judge and MACT, (SCCH-5), Bengaluru in M.V.C
No.8777/2010 is modified holding that the claimant
is entitled for the enhanced compensation of
Rs.15,000/- (Rupees Fifteen Thousand only) with
6% interest per annum from the date of the claim
petition till the date of realization.
2. The first respondent - Owner of the
offending vehicle shall deposit the enhanced
compensation along with 6% interest within a
period of two months from the date of receipt of
the certified copy of this Judgment.
3. The Registry to draw the modified award
accordingly.
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4. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
MRP
