Karnataka High Court
S K Thmmeshappa vs Basavarajappa S K on 3 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:35886
MFA No. 8764 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 8764 OF 2018 (MV)
BETWEEN:
S K THMMESHAPPA
S/O M S KARIYAPPA
AGED ABOUT 59 YEARS
R/O MUDDAPURA VILLAGE
CHITRADURGA TALUK & DISTRICT-577501
...APPELLANT
(BY SRI. KANTHARAJAPPA M G.,ADVOCATE)
AND:
1. BASAVARAJAPPA S K
S/O KARIYAPPA M S
AGED ABOUT 56 YEARS
R/O MUDDAPURA VILLAGE
CHITRADURGA TALUK & DISTRICT-577501.
2. THE BRANCH MANAGER
NATIONAL ASSURANCE COMPANY LTD
Digitally signed by BRANCH OFFICE,B.D. ROAD
HEMALATHA A CHITRADURGA-57750.
Location: HIGH ...RESPONDENTS
COURT OF
KARNATAKA (BY SMT. S NIRMALA ., ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED & UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:12.04.2018
PASSED IN MVC NO.924/2017 ON THE FILE OF THE 1ST
ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-4,
CHITRADURGA, 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:
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NC: 2024:KHC:35886
MFA No. 8764 of 2018
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 challenging by the judgment dated
12.04.2018 passed by the I Additional Senior Civil Judge,
Chitradurga in MVC No.924/2017.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 14.02.2017 at about 02.30 p.m., the
claimant was proceeding in a motor cycle bearing
Registration No.KA-16/R-2804 as a pillion rider from
Muddapura Village to Chitradurga. When the vehicle came
opposite Mysore Café Hotel, NH-4 road, Sibara,
Chitradurga Taluk, at that time, the rider of the motorcycle
rode it in a rash and negligent manner with high speed,
lost control over the vehicle and toppled down the same.
As a result of the aforesaid accident, the claimant
sustained grievous injuries and was hospitalized.
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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.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1, 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 Tribunal, by impugned judgment and
award has partly allowed the claim petition and held that
the claimant is entitled to a compensation of Rs.86,405/-
along with interest at the rate of 6% p.a. and directed the
Insurance Company to deposit the compensation amount
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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. He has produced medical bills amounting to
Rs.14,405/-. He was treated as inpatient for a period of 3
days. Even after discharge from the hospital, he was not in
a position to discharge his regular work. He has suffered
lot of pain during treatment. Considering the same, the
overall compensation granted by the Tribunal is on the
lower side. Hence, he sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has contended that the claimant has
sustained simple injuries and he has not examined the
doctor regarding nature of injuries and disability suffered
by him. Therefore, considering the nature of injuries and
medical records, the Tribunal has granted just and
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reasonable compensation and it does not call for
interference. Hence, he sought to dismissal the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that the claimant has sustained
injuries in the accident occurred on 14.02.2017 due to
rash and negligent riding of the offending vehicle by its
rider.
10. As per wound certificate, the claimant has sustained
sbudrasal haemotoma right temporal bone and fracture of
parietal bone and other blood injuries to all over the body.
He was treated as inpatient for a period of 3 days. He has
produced medical bills amounting to Rs.14,405/-. He has
not examined the doctor regarding nature of injuries and
disability suffered by him. Therefore, considering the
evidence of the claimant, nature of injuries mentioned in
the wound certificate and medical records, I am inclined to
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award a compensation of Rs.50,000/- in addition to
compensation of Rs.86,405 /- awarded by the Tribunal.
11. In the result, the following order is passed:
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.1,36,405/-.
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 copy of this
judgment.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
