Karnataka High Court
Bharath vs Edison Oswald on 29 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:29687
MFA No. 5166 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5166 OF 2019
BETWEEN:
BHARATH
S/O MAHESHA M T
AGED ABOUT 17 YEARS 5 MONTHS
MINOR R/P BY NATURAL GUARDIAN
MOTHER MEENA W/O MAHESHA M T
AGED ABOUT 36 YEARS
R/O BEHIND KALIKAMBA TEMPLE
MANDYA CITY-571401
...APPELLANT
(BY SRI. SREENIVASAN M Y.,ADVOCATE)
AND:
1. EDISON OSWALD
S/O STANELY OSWAL
Digitally signed by MAJOR
HEMALATHA A R/O CHURCH COMPOUND
Location: HIGH KOLLEGALA ROAD, MALAVALLI
COURT OF
KARNATAKA MANDYA DISTRICT-571421.
2. THE MANAGER
RELIANCE GENERAL INSURANCE CO LTD.,
1ST FLOOR, TRADE CENTER
L 36D, OPP KSRTC BUS STAND
MYSORE-570 001
...RESPONDENTS
(BY SRI. KEMPARAJU, ADVOCATE FOR R1:
SRI.RAVI S SAMPRATHI .,ADVOCATE R2)
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NC: 2024:KHC:29687
MFA No. 5166 of 2019
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:23.01.2019
PASSED IN MVC NO.525/2015 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
1. This appeal under Section 173(1) of Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') has been
filed by the claimant being aggrieved by the judgment
dated 23.01.2019 passed by the I Additional Senior Civil
Judge and CJM, Mandya (hereinafter referred to as 'the
Tribunal') in MVC No.525/2015.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 11.05.2015 when the claimant was
proceeding on Moped bearing registration No.KA-11/X-
0797 as a pillion rider from Besagarahalli Ramanna Circle
towards M.C.Road. When they were near R.K.Nursing
Home, Indiragandhi hostel, at that time, a Tata 407
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vehicle bearing registration No.KA-11/A-3809 being driven
by its driver at a high speed and in a rash and negligent
manner, dashed to the vehicle of the claimant. As a 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
significant amount towards medical expenses, conveyance
charges and other related costs. It was further pleaded
that the accident occurred solely on account of rash and
negligent driving of the offending vehicle by its driver.
4. Upon service of notice, the respondent Nos. 1 and 2
appeared through counsel and filed written statements
denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimant, in order to prove the case,
examined mother of the claimant as PW-1 and rider of the
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moped was examined as PW-2, and got exhibited
documents namely Ex.P1 to Ex.P31. On behalf of the
respondents, neither any witness was examined nor got
exhibited documents. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent driving of the
offending vehicle by its driver as well as the rider of the
Moped in the ratio of 70:30, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a global compensation of
Rs.30,000/- along with interest at the rate of 9% p.a. and
directed the Insurance Company to deposit 70% of the
compensation amount along with interest. Being
aggrieved, the present appeal has been filed.
6. The learned counsel for the claimant raised the
following contentions:
a) Firstly, the accident occurred due to the negligence
of the driver of the offending vehicle and there is no
negligence on the part of the rider of the moped in which
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the claimant was traveling as a pillion rider. But the
Tribunal erred in holding that the rider of the Moped was
negligent at 30%.
b) Secondly, due to the accident the claimant suffered
grievous injuries, he was inpatient for a period of 14 days.
The claimant spent more than Rs.5,000/- towards medical
expenses. But the global compensation awarded by the
Tribunal at Rs.30,000/- is on the lower side.
With the above submissions, learned counsel for the
appellant sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company raised the following counter-
contentions:
a) Firstly, in respect of contributory negligence, the
rider of the Moped has not challenged the same.
Therefore, it is clear that he was negligent in causing the
accident and the Tribunal rightly held that he has
contributed 30% to the accident.
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b) Secondly, the injuries suffered by the claimant are
minor in nature, he has not examined the doctor.
Considering the medical records, the Tribunal rightly
granted the global compensation of Rs.30,000/-.
c) Lastly, in the light 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 appears excessive.
With the above submissions, learned counsel for the
Insurance Company sought to dismiss the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal and the
original records.
9. The Tribunal, after considering the evidence of the
parties and the materials available on record has rightly
held that the rider of the motorcycle has contributed 30%
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to the accident. That part of the award has not been
challenged by the rider of the Moped. Therefore, the same
has attained finality and there is no error in the finding of
the Tribunal regarding negligence is concerned.
10. In respect of quantum is concerned, due to the
accident the claimant has suffered fracture of both bones
of right leg. He was inpatient for a period of 14 days. The
medical bills produced at Rs.5,000/-. Considering the
injuries suffered by the claimant and the medical records,
I am of the opinion that the compensation awarded by the
Tribunal at Rs.30,000/- has to be enhanced to Rs.80,000/-
along with interest.
11. 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.
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c) The claimant is entitled to a global compensation of
Rs.80,000/- as against Rs.30,000/- awarded by the
Tribunal.
d) Following the judgment of the Division Bench of this
Court in the case of 'MS.JOYEETA BOSE' (supra),
the enhanced compensation shall carry interest at
6% per annum.
e) The Insurance Company is directed to deposit 70%
of the compensation amount along with interest
from the date of filing of the claim petition till the
date of realization, within a period of six weeks from
the date of receipt of a copy of this judgment.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
