Karnataka High Court

Sri Lawrence vs Sri Kumar G D on 9 September, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                              NC: 2024:KHC:36753
                                                             MFA No. 88 of 2019
                                                       C/W MFA No. 1464 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. 88 OF 2019 (MV)
                                                C/W
                      MISCELLANEOUS FIRST APPEAL NO. 1464 OF 2019 (MV)
                      IN MFA No. 88/2019
                      BETWEEN:

                      SRI KUMAR G D
                      S/O.DODDAVEERAPPA
                      AGED ABOUT 42 YEARS
                      R/AT:GIRAGURU VILLAGE
                      HARANAHALLI HOBLI
                      PERIYAPATNA TALUK
                      MYSURU DISTRICT
                      MYSURU-571104.
                                                                    ...APPELLANT
                      (BY SRI. BHANU PRAKASH H V .,ADVOCATE)

                      AND:
Digitally signed by
HEMALATHA A           1.    MR LAWRENCE
Location: HIGH              S/O.MR.ROBERT
COURT OF                    AGED ABOUT 47 YEARS
KARNATAKA
                            R/AT:NO.20, 1ST MAIN
                            KESARE, MYSURU-570007.

                      2.    SRI MRUTHYUNJAYA REDDY
                            S/O.GOVINDA REDDY
                            AGED MAJOR
                            R/AT:NO.1338, SAIBABA COLONY
                            2ND CROSS, GAVISIDDESWARANAGAR
                            HOSPETE, BALLARI-583202.
                           -2-
                                        NC: 2024:KHC:36753
                                       MFA No. 88 of 2019
                                 C/W MFA No. 1464 of 2019



3.  THE BRANCH MANAGER
    ICICI GENERAL INSURANCE CO.LTD.,
    MYSTHRI ARCADE, NEAR SARASWATHI THEATRE
    SARASWATHIPURAM, MYSORE-570009.
                                        ...RESPONDENTS
(BY SRI.P NATARAJU., ADVOCATE FOR R1 & R2:
SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R3)
     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:24.08.2018
PASSED IN MVC NO.1091/2016 ON THE FILE OF THE PRL.
JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER,
MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION     AND    SEEKING    ENHANCEMENT     OF
COMPENSATION.
IN MFA NO. 1464/2019
BETWEEN:

1.   SRI LAWRENCE
     AGED ABOUT 48 YEARS
     S/O ROBERT
     R/AT NO.20, 1ST MAIN
     KESARE,MYSURU-570007.

2.   SRI. MRUTHYUNJAYA REDDY
     AGED ABOUT 37 YEARS
     S/O GOVINDA REDDY
     NO.1338, SAIBABA COLONY
     2ND CROSS, GAVISIDDESWARANAGARA
     HOSPETE, BALLARI DISTRICT-583202.
                                            ...APPELLANTS

(BY SRI. P NATARAJU.,ADVOCATE)

AND:

1.   SRI KUMAR G D
     S/O DODDAVEERAPPA
     R/AT GIRAGUR VILLAGE
     HARANAHALLI HOBLI
     PERIYAPATNA TALUK
     MYSURU DISTRICT-571107.
                             -3-
                                         NC: 2024:KHC:36753
                                        MFA No. 88 of 2019
                                  C/W MFA No. 1464 of 2019




2.   THE BRANCH MANAGER
     ICICI LOMBARD INSURANCE CO.LTD.,
     MYRTHIRI ARCADE
     NEAR SARASWATHI THEATRE
     SARASWATHIPURAM
     MYSURU-570009
                                           ...RESPONDENTS

(BY SRI. BHANU PRAKASH H V.,ADVOCATE FOR R1:
SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:24.08.2018
PASSED IN MVC NO.1091/2016 ON THE FILE OF THE PRL.
JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER,
MACT, MYSURU, AWARDING COMPENSATION OF RS.9,57,700/-
WITH INTEREST AT 8% P.A FROM THE DATE OF PETITION TILL
ITS REALIZATION.

     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR JUSTICE H.T. NARENDRA PRASAD


                    ORAL JUDGMENT

MFA No.88/2019 is filed by the claimant and MFA

No.1464/2019 is filed by the driver and owner of the

offending vehicle under Section 173(1) of the Motor

Vehicles Act, (for short, 'the Act') being aggrieved by the

judgment and award dated 24.08.2018 passed by the

Motor Accident Claims Tribunal, Mysuru (for short 'the

Tribunal'), in MVC No.1091/2016. Since the challenge is to

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the same judgment, both the appeals are clubbed

together, heard and common judgment is being passed.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 03.07.2016 at about 3.40 p.m., when

the claimant was walking on the left side of the B.M.road

towards Koppa village, at that time, a Scorpio car bearing

temporary registration No.KA-34/NT-015372/15-16,

being driven by its driver at a high speed and in a rash

and negligent manner, dashed to the vehicle of the

claimant. 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 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.

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4. Upon service of notice, the respondent Nos.1 to 3

appeared through counsel and filed separate written

statements 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 claimant, in order to prove the case,

examined himself as PW-1, and Dr.Vasan T.S. was

examined as PW-2, and got exhibited documents namely

Ex.P1 to Ex.P14. On behalf of the respondents, one

witness was examined as RW-1 and got exhibited

documents namely Ex.R1 to Ex.R3. The Claims Tribunal,

by the impugned judgment, inter alia, held that the

accident took place on account of rash and negligent

driving of the offending vehicle by its driver, as a result of

which, the claimant sustained injuries. The Tribunal further

held that the claimant is entitled to a compensation of

Rs.9,57,700/- along with interest at the rate of 8% p.a.

and directed the driver and owner of the offending vehicle

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to deposit the compensation amount along with interest.

Being aggrieved, the present appeals have been filed.

6. The learned counsel for the claimant raised the

following contentions:

(i) Firstly, due to the accident the claimant has

suffered grievous injuries. He has suffered disability and

he has to suffer the disability and unhappiness throughout

his life. The overall compensation awarded by the Tribunal

is not he lower side.

(ii) Secondly, the claimant is a third party. Since the

offending vehicle is covered with valid insurance policy,

the Insurance Company has to pay the compensation

amount with liberty to recover the same from the owner of

the offending vehicle. Hence, he sought to allow the

appeal filed by the claimant.

7. On the other hand, the learned counsel for the

Insurance Company submits that as on the date of the

accident, the offending vehicle was not having a valid

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registration. Since the insured has violated the policy

condition, the Insurance Company is not liable to pay the

compensation. The Tribunal has rightly exonerated the

Insurance Company from payment of compensation.

Hence, he sought to dismiss both the appeals.

8. The learned counsel for the owner of the offending

vehicle has raised the following contentions:

(i) Firstly, as on the date of the accident the

offending vehicle was covered with valid insurance policy.

Hence, Insurance Company is liable to pay the

compensation.

(ii) Secondly, in light of the Division Bench decision

of this Court in the case of Ms.Joyeeta Bose and others

-v- Venkateshan.V and others (MFA 5896/2018 and

connected matters disposed of on 24.8.2020), the

rate of interest awarded by the Tribunal at 8% p.a. on the

compensation amount appears excessive. Hence, he

sought to allow the appeal filed by the owner of the

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offending vehicle and to dismiss the appeal filed by the

claimant.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal and the

original records.

9. It is not in dispute that the claimant has sustained

injuries in the road traffic accident occurred on 03.07.2016

due to rash and negligent driving of the offending vehicle

by its driver.

10. Considering the evidence of the doctor, injuries

suffered by the claimant and the medical records, I am of

the opinion that the overall compensation awarded by the

Tribunal is just and reasonable.

Re.liability:

11. It is not in dispute that as on the date of the

accident the offending vehicle was covered with a valid

insurance policy. It is also not in dispute that as on the

date of the accident the offending vehicle was not having a

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valid registration certificate. Since the insured has violated

the policy condition, the Tribunal has rightly exonerated

the Insurance Company. However, in respect of third

party is concerned, the Insurance Company has to pay the

compensation amount at the first instance with liberty to

recover the same from the owner of the offending vehicle

12. In the result, the following order is passed:

ORDER

(i) The appeals are allowed in part.

(ii) The judgment of the Claims Tribunal is modified.

(iii) Following the judgment of the Division Bench of

this Court in the case of 'MS.JOYEETA BOSE' (supra), the

rate of interest awarded by the Tribunal at 8% p.a. is

scalled down to 6% p.a.

(iv) 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