Karnataka High Court

Sri Aslam vs Sri Mujeebulla on 4 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                   -1-
                                                               NC: 2024:KHC:9228
                                                         MFA No. 6555 of 2013




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF MARCH, 2024

                                              BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO. 6555 OF 2013 (MV)
                      BETWEEN:

                      SRI ASLAM
                      S/O SRI ABDUL SAB,
                      AGED ABOUT 37 YEARS,
                      R/O 12TH CROSS, KTJ NAGAR,
                      DAVANAGERE - 570 001.
                                                                    ...APPELLANT
                      (BY SRI. SATHISH.S.P., ADVOCATE)

                      AND:

                      1.    SRI MUJEEBULLA
                            S/O DASTAGEER PEER SAB,
                            AGED ABOUT 38 YEARS,
                            R/O FILTER HOUSE ROAD,
                            CHITRADURGA - 577 501.
                            (DRIVER OF AUTO RICKSHAW
Digitally signed by         BEARING NO.KA-16-A-640).
THEJASKUMAR N
Location: HIGH        2.
COURT OF                    SRI. K.YASHWANTH REDDY
KARNATAKA                   S/O SRI KRISHNA REDDY,
                            R/O KAMANA BAVI EXTENSION,
                            3RD CROSS, CHURCH ROAD,
                            CHITRADURGA - 577 501.
                            (OWNER OF AUTO RICKSHAW
                            BEARING NO.KA-16-A-640).

                      3.    THE MANAGER,
                            THE NEW INDIA ASSURANCE
                            COMPANY LIMITED,
                            "VIJAYA SHREE",
                            OPP. NANJUNDESHWARA PETROL BANK,
                                 -2-
                                               NC: 2024:KHC:9228
                                           MFA No. 6555 of 2013




    DAVANAGERE ROAD,
    CHITRADURGA - 577 501.
                                                    ...RESPONDENTS
(NOTICE TO R1-DISPENSED WITH V/O DATED: 01.02.2018;
 NOTICE TO R2-DISPENSED WITH V/O DATED: 31.03.2017;
  BY SMT. ARUNA YALAGIRI., ADVOCATE
    SRI. K.KISHOR KUMAR REDDY., ADVOCATE FOR R3)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 02.06.2012
PASSED IN MVC NO.189/2011 ON THE FILE OF II ADDL.
DISTRICT JUDGE AND MACT, DAVANAGERE.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                           JUDGMENT

Sri.Sathish.S.P., learned counsel for the appellant has

appeared in person.

Smt.Aruna Yalagiri., learned counsel on behalf of

Sri.K.Kishor Kumar Reddy., for respondent No.3 has appeared

through video conferencing.

2. For the sake of convenience, the parties shall be

referred to as per their status and ranking before the Tribunal.

3. It is the case of the claimant that on the 8th day of

November 2011 at about 4:45 p.m., he was moving as a paid

NC: 2024:KHC:9228

passenger in a Auto-rickshaw bearing No.KA-16/A-640, while

he was so moving in front of Bapuji School on NH 13 road in

Chitradurga city, a lorry came in opposite direction in a rash

and negligent manner and hit him, as a result the same, he got

turtled on the side of the road and met with an accident. Due to

the impact, the claimant sustained severe injuries all over his

body and there was fracture of third right metatarsal bone and

he took treatment in Government Hospital at Chitradurga, later

in C.G District hospital at Davanagere and also in Apoorva

Hospital at Davanagere. Contending that the accident occurred

due to the rash and negligent driving of the auto-rickshaw and

the lorry, the claimant filed claim petition seeking

compensation.

In response to the notice, respondents 1 and 2 remained

absent, hence they were placed ex-parte. The third respondent

appeared through its counsel and filed objections and denied

the petition averments. Among other grounds, it prayed for

dismissal of the petition.

Based on the above pleadings, the Tribunal framed

issues. The parties led evidence and the marked documents.

NC: 2024:KHC:9228

The Tribunal vide judgment dated:02.06.2012 partly allowed

the claim petition. It is this Judgment that is called into

question in this Appeal on several grounds as set-out in the

Memorandum of Miscellaneous First Appeal.

4. Learned counsel for the appellant submits that the

Judgment of the Tribunal is contrary to the evidence on record

and law.

Next, he submits that the Tribunal has erred in awarding

a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) for

the head injury.

A further submission is made that the Tribunal has erred

in awarding meagre amount under other heads.

Lastly, he submits that the Tribunal has erred in awarding

a compensation of Rs.51,000/- (Rupees Fifty One Thousand

only) with interest at 6% per annum. Therefore, he submits

that the award of the Tribunal requires interference and

accordingly, prayed to allow the appeal.

NC: 2024:KHC:9228

Learned counsel for the Insurance Company justified the

Judgment of the Tribunal. He submits that the appeal is devoid

of merits and the same may be dismissed.

Heard, the contentions urged on behalf of the respective

parties and perused the appeal papers and also the records

with utmost care.

5. The point that would arise for consideration is

whether the Claimant is entitled for enhanced compensation?

6. The facts are sufficiently stated and do not require

reiteration. The Claimant's appeal is one for enhancement of

compensation and modification of the judgment. The grounds

urged in the present appeal are mainly relating to the meager

compensation awarded under different heads by the Tribunal.

The Claimant has suffered pain and agony owing to the injuries

sustained in the accident in question. Hence, this Court deems

it appropriate to award Rs.10,000/- (Rupees Ten Thousand

only) towards Nutritious food and other miscellaneous expenses

as against Rs.3,000/- (Rupees Three Thousand only).

The amount of Rs.20,000/- (Rupees Twenty Thousand

only) towards Medical expenses and Rs.25,000/- (Rupees

NC: 2024:KHC:9228

Twenty Five Thousand only) to the head injury awarded by the

Tribunal remains intact.

Similarly, this Court deems it appropriate to award

Rs.16,500/- (Rupees Sixteen Thousand Five Hundred only)

towards loss of earning during treatment and laid up period as

against Rs.3,000/- (Rupees Three Thousand only).

7. Accordingly, this Court re-determines the

compensation as under:-

1. Medical Expenses 20,000 Rs.20,000/-

2. Injury 25,000 Rs.25,000/-

3. Loss of earning during 5,500 X 3 Rs.16,500/-

treatment and laid up period

4. Nutritious food and 3,000 + 7,000 Rs.10,000/-

   other        miscellaneous

   expenses

                                             Total:     Rs.71,500/-

     (Less) Compensation awarded by the                - Rs.51,000/-
                                          Tribunal:
      Enhanced compensation awarded by                  Rs.20,500/-
                                         this Court:

                                                          NC: 2024:KHC:9228

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%

per annum on the enhanced compensation amount from the

date of claim petition till realization.

8. Hence, the following: