Karnataka High Court
Gurumurthy vs Saravanan S on 8 January, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:906
MFA No. 4186 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 4186 OF 2021
(MV-I)
BETWEEN:
GURUMURTHY
S/O NANJUNDAPPA
AGED ABOUT 52 YEARS,
DIPLOMA HOLDER AND AGRICULTURIST
R/O ADANUR VILLAGE, ADANUR POST
HOLALKERE TALUK,
CHITRADURGA DISTRICT
NOW RESIDING AT NEAR
CHOLAGHATTA GRAM PANCHAYATH OFFICER
CHITRADURGA-577501
...APPELLANT
(BY SRI. R SHASHIDHARA, ADVOCATE)
AND:
1. SARAVANAN S
Digitally
signed by B AGED MAJOR
LAVANYA OWNER OF MAHADEVA BUS
Location: BEARING NO.KA-17/B -2036
HIGH R/O NEAR BUS STAND
COURT OF DAVANAGERE -577001
KARNATAKA
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD
OPPOSITE BAPUJI DENTAL COLLEGE
MCC BLOCK, DAVANAGERE-577 001
...RESPONDENTS
(BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2
NOTICE TO R1 D/W V/O DATED 29.07.2022)
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NC: 2024:KHC:906
MFA No. 4186 of 2021
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 19.02.2021 PASSED IN MVC
NO. 907/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, M.A.C.T., HOLALKERE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 19.02.2021 in
MVC.No.907/2019 passed by the learned Senior Civil
Judge and JMFC, Holalkere (for short 'the tribunal'). This
appeal is founded on the premise of inadequate and
meager compensation awarded by the tribunal.
2. Parties to the appeal shall be referred to as per
their status before the tribunal.
3. Brief facts of the case is as under:
On 29.01.2018 at about 7.30 a.m, the appellant was
traveling in the bus bearing registration No.KA-17/B-2036,
when the bus reached near Kotehal cross, Chikkajajur, due
to the rash and negligent driving by the driver of the bus,
NC: 2024:KHC:906
the bus dashed against the lorry leading to the occurrence
of the accident. The inmates of the bus suffered injuries
and claimant being one of them. FIR and charge sheet
were filed against the driver of the bus due to the
negligence and liability came to be fastened on the driver
of the bus consequently against the insurance company.
Due to the impact of the accident, claimant suffered
injuries which are simple as well as grievous in nature.
The claimant sustained injuries on his eye and according
to the claimant he has lost partial vision on his right eye.
Due to the accident and the injuries sustained, he could
not perform his normal day to day activities. Hence, he
filed claim petition seeking compensation against the
respondents.
4. On service of notice, respondent No.2 appeared
through his counsel and filed statement of objections
denying the averments made in the claim petition.
However, respondent No.1 was placed exparte. It is
contended by respondent No.2 that the driver of the bus
NC: 2024:KHC:906
was not having valid and effective driving license at the
time of accident and owner of the bus knowingly and
intentionally entrusted his vehicle to him and violated the
terms and conditions of the policy. On this basis, sought
for dismissal of the petition.
5. On the basis of pleadings, the tribunal framed
relevant issues for consideration.
6. In order to substantiate the issue and to
establish the case, the claimant got examined himself as
PW.1 and got marked Ex.P1 to Ex.P9. The doctor has
been examined as PW.2. It is not in dispute that the
policy was in force as on the date of occurrence of
accident. The liability is not disputed by the insurance
company, in view of the policy being in force.
7. On the basis of material evidence, both oral and
documentary the tribunal has awarded global
compensation of Rs.12,000/- with interest @ 6% p.a
holding respondent Nos.1 and 2 jointly and severally liable
NC: 2024:KHC:906
and directed respondent No.2 to deposit the compensation
within 60 days.
8. The points for consideration is as to whether
the injuries suffered by the claimant requires
enhancement of compensation, in view of one injury being
grievous in nature.
9. Learned counsel for the appellant vehemently
contends that the Tribunal has committed an error in
awarding very meager compensation and has not taken
into consideration Ex.P.3-wound certificate and opinion
expressed by the doctor with regard to the injuries to the
right eye sustained by the claimant. It is admitted fact
that no documentary evidence placed on record with
regard to disability with regard to any fracture, so also the
medical bills and inpatient records.
10. Per contra, the learned counsel for respondent
No.2- Insurance company contended that the claimant
was treated as an outpatient and no records are produced
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to award any higher compensation, despite which the
tribunal has awarded compensation of Rs.12,000/-
considering the Ex.P.3 and opinion expressed by the
doctor. The fact remains that claimant met with an
accident due to the negligence of driver of the bus and
sustained injuries as described in Ex.P.3 which specifically
states that three injuries being simple and 4th injury being
grievous, wherein the claimant has sustained loss of
partial vision to the right eye which is not been clearly
evidenced or stated by the doctor- PW.2.
11. Be that as it may, in view of the claimant
having sustained injuries traveling in the bus due to the
negligence of the driver of the bus, reasonable
compensation ought to have been awarded by the Tribunal
whereas the tribunal has awarded global compensation of
Rs.12,000/-. The facts and circumstances of the case
since no cogent evidence has been placed to prove the
disability sustained by the claimant, this Court is of the
opinion that global compensation of Rs.30,000/- requires
NC: 2024:KHC:906
to be awarded in addition to the amount of Rs.12,000/-
awarded by the Tribunal. The enhanced compensation
shall be paid by the insurance company along with interest
at 6% p.a.
12. Accordingly, I pass the following:
ORDER
The appeal is allowed-in-part;
The judgment and award dated 19.02.2021 in
MVC.No.907/2019 passed by the Senior Civil Judge
and JMFC, Holalkere, is modified;
The claimant is entitled to a total compensation
of Rs.42,000/- as against Rs.12,000/- awarded by
the tribunal along with interest @ 6% p.a. from the
date of petition till realization;
The enhanced compensation shall be paid
within a period of 3 weeks from the date of receipt of
copy of this order; and
The original records shall be transmitted to the
jurisdictional tribunal forthwith.
Sd/-
JUDGE
SKS
