Karnataka High Court
Sri. Naganna vs The Branch Manager on 31 July, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2024:KHC:30157
MFA No. 7073 of 2019
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. 7073 OF 2019 (MV)
BETWEEN:
SRI. NAGANNA
S/O LATE MARIYANNA
AGED ABOUT 63 YEARS
AGRICULTURIST, HOISALAKATTE
C N HALLI TALUK,
TUMKUR DISTRICT-586221
...APPELLANT
(BY SRI. M V MAHESWARAPPA., ADVOCATE)
AND:
1. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD
1ST FLOOR, RAJA COMPLEX
DR AMBEDKAR ROAD
SIRA TUMKUR DISTRICT PIN-572137.
Digitally signed by
HEMALATHA A
Location: HIGH 2. NAGARAJA V O
COURT OF S/O OBANAYAKA
KARNATAKA
AGED ABOUT 48 YEARS
R/AT UJJANAKUNTTE
THAVAREKERE POST
TUMKUR DISTRICT PIN-572137
...RESPONDENTS
(BY SMT. HARINI SHIVANANDA.,ADVOCATE FOR R1:
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 16/10/2018,
PASSED IN MVC NO.441/2016, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., AND XIX MACT,
-2-
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MFA No. 7073 of 2019
CHIKKANAYAKANAHALLI, 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 16.10.2018 passed by the Senior Civil Judge & JMFC
& XIX MACT, Chikkanayakanahalli (hereinafter referred to
as 'the Tribunal') in MVC No.441/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 06.03.2015 at about 7.00 a.m. , when
the claimant was proceeding on bicycle on the left side of
the Boranakanive, Hoisalakatte road, a Bajaj Discover Bike
bearing registration No.KA-06/EL-7680, being ridden by its
rider at a high speed and in a rash and negligent manner,
dashed against the claimant. As a result of the aforesaid
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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 No.1
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.2, despite service of notice, did not appear
before the Tribunal and was placed ex-parte.
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 Dr.H.A.Ramegowda was
examined as PW-2, and got exhibited documents namely
Ex.P1 to Ex.P33. On behalf of the respondents, one
witness was examined as RW-1 and got exhibited
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document namely Ex.R1. The Claims Tribunal, by the
impugned judgment, inter alia, held that the accident took
place on account of rash and negligent riding of the
offending vehicle by its rider, as a result of which, the
claimant sustained injuries. The Tribunal further held that
the claimant is entitled to a compensation of Rs.71,703/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
along with interest. Being aggrieved, the present appeal
has been filed.
6. The learned counsel for the claimant submitted that
due to the accident the claimant has sustained grievous
injuries, he has undergone surgery. He has examined the
doctor and the doctor has assessed the disability to the
extent of 40%. The Tribunal has not granted any
compensation for 'loss of income due to disability' and no
compensation has been awarded for 'pain and sufferings'
and 'loss of amenities'. The global compensation awarded
by the Tribunal at Rs.71,703/- is on the lower side.
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Hence, 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, PW2 is not the treated doctor, the claimant
has not produced any document to show that he has
undergone surgery. Even in the cross-examination the
doctor has admitted that he has not verified any records to
show that he has undergone surgery. On the submission
of the claimant, the doctor has deposed that he has
undergone surgery. Since no document has been produced
to show that he has undergone surgery, the Tribunal
rightly not granted any compensation for loss of income
due to disability.
b) Secondly, considering the injuries sustained by the
claimant and evidence of the doctor, the overall
compensation awarded by the Tribunal is just and
reasonable.
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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. It is not in dispute that the claimant has sustained
injuries in the road traffic accident occurred on 06.03.2015
due to rash and negligent driving of the offending vehicle
by its driver.
10. Even though the claimant examined the doctor as
PW2, he is not the treated doctor. In the course of cross-
examination he has admitted that he has not verified any
medical records in this regard. In view of the same,
considering the wound certificate, discharge card, age and
avocation of the claimant, I am of the opinion that the
global compensation awarded by the Tribunal at
Rs.71,703/- has to be enhanced to Rs.1,50,000/-.
11. In the result, the following order is passed:
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ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.1,50,000/- as against Rs.71,703/- awarded by the
Tribunal.
d) The Insurance Company is directed to deposit the
compensation amount along with interest
@ 6% p.a. 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.
e) In view of the order dated 04.08.2023 by this Court,
the claimant is not entitled to interest on the
enhanced compensation for the delayed period of
212 days in filing the appeal.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
