Karnataka High Court
Revanna vs R Murugeshappa on 4 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:9229
MFA No. 2088 of 2016
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.2088 OF 2016(MV-I)
BETWEEN:
REVANNA
S/O MALLAPPA @ MALLANNA,
AGED ABOUT 52 YEARS,
OCC: AGRICULTURIST,
R/O M.K.HATTI,
NEAR MASJID,
CHITRADURGA.
...APPELLANT
(BY SRI. KARTHIK.P., ADVOCATE FOR
SRI. M.R.HIREMATHADA., ADVOCATE)
AND:
1. R.MURUGESHAPPA
S/O N.RUDRAPPA,
Digitally signed by OWNER OF THE AUTORIKSHAW
THEJASKUMAR N
Location: HIGH
(BEARING REG. NO.KA-16-7881),
COURT OF R/O KAVADIGARAHATTI,
KARNATAKA CHITRADURGA - 577 501.
2. THE BRANCH MANAGER,
THE RELIANCE GEN. INSURANCE CO. LTD.,
BRANCH OFFICE, I FLOOR,
MAGANUR COMMERCIAL COMPLEX,
NEAR K.S.R.T.C., BUS STAND,
P.B.ROAD,
DAVANAGERE-577 001.
(POLICY NO.1406532339000408
VALID FROM 21/2/2013 TO 20/2/2014).
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MFA No. 2088 of 2016
3. SMT. THIPPAMMA
W/O GOVINDAPPA,
OWNER OF THE TRACTOR AND
TRAILER BEARING,
REG NO.KA-16PTV-6388-6389,
R/O GOLLANAKATTE VILLAGE,
CHITRADURGA TALUK-577 501.
4. THE BRANCH MANAGER,
ROYAL SUNDARAM ALLIANCE
INSURANCE CO. LTD.,
1ST FLOOR, H.M.GENEVA HOUSE,
SUNDARAM TOWERS,
45 AND 46, WHITES ROAD,
CHENNAI-600 014.
...RESPONDENTS
(BY SRI. H.C.BETSUR., ADVOCATE FOR R2;
SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R4;
R1 AND R3-SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED: 01.08.2015
PASSED IN MVC NO.168/2014 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, CJM, MACT-III, CHITRADURGA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Karthik., learned counsel on behalf of
Sri.M.R.Hiremathad., for the appellant, Sri.H.C.Betsur., learned
counsel for respondent No.2 and Sri.Ravi S.Samprathi., learned
counsel for the respondent No.4 have appeared in person.
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2. Though the appeal is listed today for admission,
with the consent of learned counsel for the respective parties, it
is heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 9th day of
May 2013, at about 8:30pm., he was traveling in an Auto-
rickshaw bearing Registration No.KA-16-7881 near Union
Theatre at Chitradurga. At that time, the driver of Tractor and
Trailer bearing Registration No.KA-16-TV-6388-6389 without
following the traffic rules, came in a rash and negligent
manner, due to which, both the vehicles collided and accident
occurred. Due to the impact, the claimant sustained grievous
injuries all over the body. Immediately, he was taken to
Government Hospital, Chitradurga and thereafter, shifted to
S.S.Hospital, Davanagere for higher treatment. He took
treatment as an in-patient for about one month. Contending
that the accident occurred due to rash and negligent driving by
the driver of auto-rickshaw and the tractor - trailer, the
claimant filed claim petition seeking compensation.
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In response to the notice, the first respondent appeared
through his counsel and filed objections and denied the petition
averments. He contended that his vehicle was insured with the
second respondent Insurance company, hence the liability is to
be fixed against respondent No.2. Among other grounds, he
prayed for dismissal of the petition.
The second respondent appeared through its counsel and
filed objections. It contended that the alleged accident occurred
due to the negligence of the driver of tractor and trailer. The
auto-rickshaw was insured with it, but the liability if any was
subject to the terms and conditions of the policy. Among other
grounds it prayed for dismissal of the petition.
The third respondent remained absent before the
Tribunal. Hence, she was placed ex-parte. The fourth
respondent - Insurance company appeared through its counsel
and filed objections. It admitted that the tractor - trailer was
insured with it. Among other grounds, it prayed for dismissal of
the claim petition.
Based on the above pleadings, the Tribunal framed
issues. The parties led evidence and marked the documents.
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The Tribunal vide Judgment dated:01.08.2015 allowed the
petition in part. It is this Judgment that is called into question
in this appeal on several grounds as set-out in the
Memorandum of appeal.
5. 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.35,000/- (Rupees Thirty Five Thousand only)
towards pain and suffering.
A further submission is made that the Tribunal has erred
in awarding meagre amount under different heads.
Lastly, he submits that the Tribunal has erred in awarding
a compensation of Rs.1,70,000/- (Rupees One lakh Seventy
Thousand only) with interest at 7.5% per annum. Therefore, he
submits that the award of the Tribunal requires interference
and accordingly, prayed to allow the appeal.
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Learned counsel for respondents 2 and 4 justified the
Judgment of the Tribunal. They submit 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.
6. The point that would arise for consideration is
whether the Claimant is entitled for enhanced compensation?
7. 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 Tribunal
taking note of the material evidence on record concluded that
the Claimant sustained injuries due to the actionable negligence
on the part of the drivers of the auto-rickshaw and the tractor-
trailer and directed them to pay compensation amount equally
at 50-50% ratio.
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
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question. Hence, this Court deems it appropriate to award
Rs.50,000/- (Rupees Fifty Thousand only) towards pain and
sufferings as against Rs.35,000/- (Rupees Thirty Five Thousand
only) awarded by the Tribunal.
The amount of Rs.89,000/- (Rupees Eighty Nine
Thousand only) towards Medical expenses awarded by the
Tribunal remains intact.
Similarly, this Court deems it appropriate to award
Rs.24,000/- (Rupees Twenty Four Thousand only) towards Loss
of Income during treatment and laid up period; Rs.20,000/-
(Rupees Twenty Thousand only) towards Attendant and
nourishment as against Rs.15,000/- (Rupees Fifteen Thousand
only); Rs.15,000/- (Rupees Fifteen Thousand only) towards
Loss of amenities/ comforts as against Rs.10,000/- (Rupees
Ten Thousand only) and Rs.10,000/- (Rupees Ten Thousand
only) as against Rs.6,000/- (Rupees Six Thousand only).
8. Accordingly, this Court re-determines the
compensation as under:-
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1. Pain and Sufferings 35,000 + 15,000 Rs.50,000/-
2. Treatment Expenses 89,000 Rs.89,000/-
3. Loss of Income during 8,000 X 3 Rs.24,000/-
treatment and laid up
period.
4. Attendant and 15,000 + 5,000 Rs.20,000/-
nourishment
5. Loss of amenities/ 10,000 + 5,000 Rs.15,000/-
Comforts
6. Conveyance and 6,000 + 4,000 Rs.10,000/-
incidental charges
Total: Rs.2,08,000/-
(Less) Compensation awarded by the -Rs.1,70,000/-
Tribunal:
Enhanced compensation awarded by Rs.38,000/-
this Court:
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%
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per annum on the enhanced compensation amount from the
date of claim petition till realization.
9. Hence, the following:
ORDER
1. The Miscellaneous First appeal is
allowed in part and the Judgment
dated:01.08.2015 passed by the Court of Prl.
Senior Civil Judge, C.J.M., & MACT-III, Chitradurga
in M.V.C No.168/2014 is modified to the extent
stated hereinabove.
2. The claimant is entitled for the enhanced
compensation of Rs.38,000/- (Rupees Thirty Eight
Thousand only) with interest at the rate of 6% per
annum from the date of the claim petition till the
date of realization.
3. The second and fourth respondents -
Insurance Companies are jointly and severally
directed to deposit the enhanced compensation
amount at 50-50% ratio along with 6% interest
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within a period of two months from the date of
receipt of the certified copy of this Judgment.
4. Needless to observe that the claimant is
not entitled for the interest for delayed period.
5. The Registry to draw the modified award
accordingly.
6. Office is directed to transmit the original
records to the concerned Tribunal forthwith.
Sd/-
JUDGE
TKN
