Karnataka High Court
Smt Rajeshwari @ L.Rajeshwari vs Reliance General Ins Co Ltd on 9 September, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:36652
MFA No. 1844 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1844 OF 2019 (MV)
BETWEEN:
SMT RAJESHWARI @ L.RAJESHWARI
W/O H.P.MAHANTHESH @ MAHANTHESH
AGED ABOUT 55 YEARS
D/O LINGANNA
R/O 90, PALAVVANAHALLI
CHITRADURGA DISTRICT-577 001.
...APPELLANT
(BY SMT. SPOORTHY HEGDE NAGRAJ.,ADVOCATE)
AND:
1. RELIANCE GENERAL INS CO LTD
REP BY ITS BRANCH MANAGER
BRANCH OFFICE
MAGANUR COMPLEX, B.D.ROAD
CHITRADURGA-577 001.
2. KRISHNA NAIK
Digitally signed by S/O ULMA NAIK
HEMALATHA A R/O # NO.24TH CROSS
Location: HIGH
COURT OF DOLLORS COLONY
KARNATAKA MAIN ROAD, N.S.HALLI
BANGALORE NORTH
BANGALORE-560 094.
...RESPONDENTS
(BY SRI.VIJAYKUMAR., ADVOCATE FPR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED: 19.11.2021)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 05/01/2019,
PASSED IN MVC NO.315/2018, ON THE FILE OF THE I
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NC: 2024:KHC:36652
MFA No. 1844 of 2019
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV,
CHITRADURGA, 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 challenging by the judgment dated
05.01.2019 passed by the I Additional Senior Civil Judge,
Chitradurga in MVC No.315/2018.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 21.10.2017 at about 2.00 p.m., the
claimant along with others were travelling in TATA Magic
bearing Registration No.KA-16/B-1093 as passengers from
Chitradurga towards Palavvanahalli. When the said vehicle
came in front of Sathara Daba Hotel in between VRL Check
Point and Kydigere(V) NH-4 road, Chitradurga Taluk, at
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that time, the driver of the Car bearing Registration
No.KA-34/N-3600 drove the same in a rash and negligent
manner and dashed to the hind portion of the TATA
Magic. As a result of the aforesaid 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 she 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 Nos.1 and 2
appeared through counsel and filed written statement
denying the averments made in the claim petition.
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
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the claimant is entitled to a compensation of Rs.1,73,689/-
along with interest at the rate of 8% 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 has raised the
following contention:
a) Firstly, due to the accident, the claimant sustained
P&T present over (Rt) side of chest, abrasion present over
(Lf)side of forehead 3X2 cm and over (Lf) chest 2X1 cms
and P&T present over (Lf) shoulder. She spent more than
Rs.48,689/- towards medical expenses. She was inpatient
for a period of 10 days. She suffered lot of pain during the
treatment. Considering the injuries suffered by the
claimant and medical records, the overall compensation
awarded by the Tribunal is on lower side. Hence, he
sought for enhancement of compensation.
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With the above contention, the learned counsel
sought to allow the appeal.
7. On the other hand, the learned counsel for the
Insurance Company has raised the following counter-
contention:
a) Firstly, the injuries suffered by the claimant are minor
in nature. She was inpatient in the hospital only for a
period of 10 days. Considering the injuries suffered by the
claimant and medical records, the overall compensation
awarded by the Tribunal is just and reasonable and it does
not warrant interference.
With the above contention, the learned counsel
sought to dismiss 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 road traffic accident occurred on 21.10.2017
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due to rash and negligent driving of the offending vehicle
by its driver.
10. As per wound certificate, the claimant has sustained
the claimant sustained P&T present over (Rt) side of chest,
abrasion present over (Lf)side of forehead 3X2 cm and
over (Lf) chest 2X1 cms and P&T present over (Lf)
shoulder. She spent more than Rs.48,689/- towards
medical expenses. She was inpatient for a period of 10
days. She suffered lot of pain during the treatment.
Considering the injuries suffered by the claimant.
Considering the injuries suffered by the claimant and
medical records, I am of the opinion that in addition to the
compensation awarded by the Tribunal, Rs.50,000/- is
awarded without interest.
11. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
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b) The judgment of the Claims Tribunal is modified.
c) The claimant is entitled to a total compensation of
Rs.2,23,689/-.
d) The Insurance Company is directed to deposit the
compensation amount along with interest 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. However, the enhanced compensation of
Rs.50,000/- shall not carry any interest.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
