Karnataka High Court
Kum Shubham Ojha vs Mr Subramanyam on 20 November, 2024
-1-
NC: 2024:KHC:47010
MFA No. 133 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 133 OF 2021 (MV-I)
BETWEEN:
KUM. SHUBHAM OJHA,
D/O. SRI. GIRIJA SHANKAR OJHA,
AGED ABOUT 26 YERS,
R/AT NO. E-184, 3RD CROSS, ROAD,
PATELLAPPA LAYOUT, RMV II STAGE,
BENGALURU - 560 094.
PERMANENT ADDRESS,
B-978, SECTOR-II,
HEC DHUWA,RANCHI,
JHAKHAND - 834 004.
...APPELLANT
(BY SRI. JAGADEESH H. T.,ADVOCATE)
AND:
Digitally signed by
AASEEFA 1.
PARVEEN MR. SUBRAMANYAM,
Location: HIGH MAJOR,
COURT OF NO.71, K.H.B. COLONY,
KARNATAKA 5TH BLOCK, KORAMANGALA,
BENGALURU - 560 095.
2. THE ORIENTAL INSURANCE COMPANY LTD.,
REGIONAL OFFICE, T.P.HUB,
NO.44/45, LEO SHOPPING COMPLEX,
RESIDENCY ROAD, BENGALURU - 560 025.
3. THE MANAGING DIRECTOR
B.M.T.C., K.H.ROAD,
SHANTHINAGARA,
-2-
NC: 2024:KHC:47010
MFA No. 133 of 2021
BENGALURU-560 027.
...RESPONDENTS
(BY SRI. F.S. DABALI, ADVOCATE FOR R3;
SRI. K. POORNABODHA RAO, ADVOCATE FOR R2 (ABSENT);
R1- SERVICE OF NOTICE DISPENSED WITH,
V/O. DATED 31.01.2023)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.07.2020 PASSED IN
MVC NO. 6953/2017 ON THE FILE OF THE VII ADDITIONAL SCJ
AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.Jagadeesh H.T., learned counsel for appellant
as well as Sri.F.S.Dabali, learned counsel for respondent No.3.
Though Sri.K.Poornabodha Rao is on record representing
respondent No.2, learned counsel fails to make his appearance.
2. Challenge in this appeal is the order that is
rendered by the Motor Accidents Claims Tribunal, Bengaluru, in
MVC No.6953/2017 dated 01.07.2020. This is a claimant's
appeal.
NC: 2024:KHC:47010
3. The appellant who admittedly sustained an
extensive degloving injury to her right foot in a road traffic
accident, filed a petition claiming compensation of
Rs.15,00,000/- in total. The Tribunal held that the appellant is
entitled to a sum of Rs.3,58,846/- as compensation. However,
giving a finding that the contribution of the appellant for the
accident to occur is 20%, ordered respondent No.2 to pay 40%
of the amount awarded as compensation and respondent No.3
the remaining 40%.
4. Arguing the matter Sri.Jagadeesh.H.T contends that
the appellant was not at fault and the accident occurred due to
rash and negligent driving of the respondent's vehicle.
5. On the other hand the contention of Sri.F.S.Dabali,
learned counsel for respondent No.3 is that the appellant as
well as the driver of respondent No.1 were at fault.
6. The manner of happening of accident as projected
by the appellant before the Tribunal is that on 11.09.2017 at
about 8.45 a.m. while she was crossing the road near
Accenture Company, a bus bearing registration No.KA-01-FA-
1354 was coming and equally a TVS Apache vehicle bearing
NC: 2024:KHC:47010
registration No.KA-01-EN-1782 was also coming. The driver of
TVS Apache vehicle drove the vehicle in a rash and negligent
manner and dashed against the appellant who was crossing the
road due to which she fell down. As the driver of the bus was
also driving the bus in a rash and negligent manner, the front
wheel of the bus ran over her left foot as such she suffered
injuries.
7. The Tribunal gave a finding that the driver of the
bus as well as the driver of TVS Apache vehicle were at fault.
The Tribunal also held that negligence lies on the part of the
appellate also as she was crossing the road where there was no
zebra crossing. The Tribunal held that the negligence on the
part of the driver of the Apache vehicle is 40%, the driver of
the bus is 40% and the negligence on the part of the appellant
is 20%. However, having gone through the totality of the facts
and circumstances of the case as projected by both the parties
and as liability is on the part of the drivers of both vehicles to
observe the road meticulously while driving, this Court is of the
view that the liability on their part can be fastened at 45%
each. As the appellant was crossing the road where she was not
suppose to cross, her contribution is fixed to an extent of 10%.
NC: 2024:KHC:47010
8. Coming to the compensation awarded, the
submission that is made by Sri.Jagadeesh.H.T, learned counsel
for the appellant is that the appellant sustained grievous
injuries and took extensive treatment. However, the Tribunal
awarded a meagre sum as compensation which is unjustifiable.
9. Undoubtedly the appellant sustained grievous
injury. The Tribunal awarded a sum of Rs.10,000/- only under
the head pain and agony. The Tribunal also awarded a sum of
3,000/- only towards attendant and conveyance charges. The
compensation that is awarded by the Tribunal under all other
heads is justifiable. Therefore, this Court is of the view that
globally a sum of Rs.50,000/- is required to be enhanced so
that the compensation which the appellant receives would be
justifiable. Therefore, the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is awarded by the
Motor Accidents Claims Tribunal, Bengaluru
through orders in MVC No.6953/2017
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dated 01.07.2020 is enhanced by
Rs.50,000/-.
(iii) The enhanced amount shall carry interest
at the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent Nos.1 and 2 jointly and
severally are liable to pay 45% of the total
award amount.
(v) Respondent No.3 is liable to pay 45% of
the total award amount.
(vi) The contributory negligence on the part of
the appellant is fixed at 10%.
(vii) Respondent Nos.2 and 3 are directed to
deposit the difference amount within a
period of 8(eight) weeks from the date of
receipt of copy of this order.
(viii) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP,NS
CT:TSM
