Puttaswamy vs The Divisional Controller
2024 Latest Caselaw 19058 Kant

Karnataka High Court

Puttaswamy vs The Divisional Controller on 31 July, 2024

Author: H T Narendra Prasad

Bench: H T Narendra Prasad

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                                                               NC: 2024:KHC:30220
                                                         MFA No. 8446 of 2018



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 31ST DAY OF JULY, 2024

                                              BEFORE
                         THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                      MISCELLANEOUS FIRST APPEAL NO. 8446 OF 2018 (MV)
                      BETWEEN:
                      PUTTASWAMY
                      S/O PUTTEGOWDA
                      AGE DABOUT 48 YEARS
                      R/AT GOWDAGERE VILLAGE
                      KASABA HOBLI
                      CHANNARAYAPATNA TALUK
                      HASSAN DISTRICT
                                                                     ...APPELLANT
                      (BY SRI. SHRIPAD V SHASTRI .,ADVOCATE)

                      AND:
                      THE DIVISIONAL CONTROLLER
                      KSRTC CHIKMAGALUR DIVISION
                      REPRESENTED BY THE
                      DIVISIONAL CONTROLLER
                      KSRTC HASSAN DIVISION
                                                                   ...RESPONDENT
Digitally signed by   (BY SRI.K NAGARAJA., ADVOCATE )
HEMALATHA A
Location: HIGH             THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
COURT OF
KARNATAKA             AGAINST THE JUDGMENT AND AWARD DATED:09.09.2014
                      PASSED IN MVC NO.1591/2012 ON THE FILE OF THE FAST
                      TRACK COURT, ADDITIONAL MACT, CHANNARAYAPATNA,
                      PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
                      AND SEEKING ENHANCEMENT OF COMPENSATION.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:


                      CORAM:    HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
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                                        NC: 2024:KHC:30220
                                      MFA No. 8446 of 2018



                    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 09.09.2014 passed by MACT, Channarayapatna in

MVC No.1591/2012.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 26.11.2011 when the claimant along

with another was proceeding on motorcycle bearing

registration No.KA-30-H-8055 near Shettalamma Temple

on NH-48 between Shettihalli-Jogipura, at that time,

KSRTC bus bearing registration No.KA-18-F-426 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

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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 appeared

through counsel and filed written statement 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 himself as PW-1 and got exhibited documents

namely Ex.P8 to Ex.P2. On behalf of the respondents,

neither any witness was examined nor any document was

produced. 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 a result of which, the claimant

sustained injuries. The Tribunal further held that the

claimant is entitled to a compensation of Rs.11,000/-

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along with interest at the rate of 6% p.a. and directed the

KSRTC to deposit the compensation amount along with

interest. Being aggrieved, the present appeal has been

filed.

6. The learned counsel for the claimant has submitted

that the claimant has sustained grievous injuries in the

accident. The Tribunal is not justified in awarding a

meager global compensation of Rs.11,000/-. Hence, he

sought to allow the appeal.

7. On the other hand, the learned counsel for the

KSRTC has submitted that the claimant has sustained

minor injuries. He has not examined the doctor regarding

nature of injuries and disability suffered by him. Hence,

the global compensation awarded by the Tribunal is just

and reasonable. Hence, he sought to dismiss the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

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9. It is not in dispute that the claimant has sustained

injuries in the road traffic accident occurred on 26.11.2011

due to rash and negligent driving of the offending vehicle

by its driver.

10. As per wound certificate, the claimant has sustained

abrasion and tenderness, which are minor in nature. The

claimant has not examined the doctor regarding nature of

injuries and disability suffered.

11. Therefore, considering the wound certificate and

medical records, this court is of the opinion that the global

compensation of Rs.11,000/- awarded by the Tribunal

appears to be just and reasonable. There is no error or

infirmity in the judgment and award passed by the

Tribunal. Hence, the appeal is liable to be dismissed.

12. Accordingly, the appeal is dismissed.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE DM