Karnataka High Court
Rajendra vs Jagannatha on 19 February, 2025
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NC: 2025:KHC:7407
MFA No. 5095 of 2014
C/W MFA No. 10204 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 5095 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO. 10204 OF 2013 (MV-I)
IN MFA No. 5095/2014
BETWEEN:
RAJENDRA,
AGED ABOUT 28 YEARS,
S/O GANAPA DEVADIGA,
R/O KALYANASWAMY ROAD,
KUNDAPURA KASABA,
KUNDAPURA TALUK - 571 201.
...APPELLANT
(BY SRI. MAHESH KIRAN SHETTY, ADVOCATE)
AND:
Digitally signed by
AASEEFA PARVEEN
Location: HIGH 1. JAGANNATHA,
COURT OF AGED ABOUT 41 YEARS,
KARNATAKA
S/ NARAYANA MOGAVEERA,
R/O HOSABETTU MANE,
VODERHBLI VILLAGE,
KUNDAPURA TALUK - 571 201.
2. THE ORIENTAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE,
VISHNU PRAKASH, II FLOOR,
COURT ROAD, UDUPI - 571 201.
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MFA No. 5095 of 2014
C/W MFA No. 10204 of 2013
3. N. KRISHNA,
AGED ABOUT 46 YEARS,
S/O LATE NAGAPPA SHERIGARA,
R/O NEAR KARTHIKEYA TEMPLE,
ULLOORU, KUNDAPURA TALUK - 571 201.
...RESPONDENTS
(BY SMT. HARINI SHIVANANDA, ADVOCATE FOR
SRI. C. SHANKAR REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH, VIDE ORDER DATED
27.01.2015)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.07.2013 PASSED IN MVC
NO.701/2006 ON THE FILE OF THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND ADDITIONAL MACT, UDUPI
(SITTING AT KUNDAPURA) KUNDAPURA. PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 10204/2013
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE: VISHNU PRAKASH,
II FLOOR, COURT ROAD, UDUPI.
...APPELLANT
(BY SRI. HARINI SHIVANANDA, ADVOCATE)
AND:
1. RAJENDRA (26 YEARS),
S/O GANAPA DEVADIGA,
R/O KALYANASWAMY ROAD,
KUNDAPURA KASABA,
KUNDAPURA TALUK - 576 201.
2. JAGANNATHA,
S/O NARAYANA MOGAVEERA,
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MFA No. 5095 of 2014
C/W MFA No. 10204 of 2013
AGED ABOUT 33 YEARS,
R/O HOSABETTU MANE,
VODERHOBLI VILLAGE,
KUNDAPURA TALUK - 576 201.
...RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 29.7.2013 PASSED IN
MVC NO.701/2006 ON THE FILE OF THE ADDITIONAL
DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, UDUPI
(SITTING AT KUNDAPURA), KUNDAPURA, AWARDING A
COMPENSATION OF RS.26,250/- WITH INTEREST @ 6%
P.A FROM THE DATE OF PETITION TILL PAYMENT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri. Mahesh Kiran Shetty.S, learned counsel
for the appellant in MFA No.5095/2014 as well as
Smt. Harini Shivananda, learned counsel for the appellant
in MFA No.10204/2013. Smt. Harini Shivananda, also
made her submission in MFA No.5095/2014 representing
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Sri. C.Shankar Reddy, learned counsel on record for
respondent No.2.
2. These two appeals are the out come of the order
that is rendered by the Additional Motor Accident Claims
Tribunal, Udupi (sitting at Kundapura) in
M.V.C. No.701/2006 dated 29.07.2013. While
MFA No.10204/2013 is filed by the Insurance Company
disputing its liability to pay compensation,
MFA No.5095/2014 is filed by the claimant seeking
enhancement of compensation.
3. For the sake of convenience of discussion, the
parties to the proceedings will hereinafter be referred to as
the claimant and the Insurance Company.
4. The matrix of the case as projected by the
claimant before the Tribunal through his pleadings is that
on 26.08.2005 while he was proceeding from Kundapura
Shastri Park side towards Old Bus stand side on his bicycle
very slowly and steadly by observing all traffic rules and
when he reached near Vinaya Hospital, Kundapura, an
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Auto Rickshaw bearing registration No.KA-20-8429 which
was driven by its driver at a high speed and in a rash and
negligent manner, dashed against the back side of another
Auto Rickshaw bearing registration No KA-30-M-42. On
account of that, the Auto Rickshaw bearing registration
No.KA-30-M-42 hit his bicycle, due to which he fell down
and sustained injuries.
5. The version of the Insurance Company is that it
issued policy in respect of the vehicle bearing registration
No. KA-20-8429. However, the accident did not occur due
to the rash and negligent driving of the driver of the said
vehicle but due to the negligence on part of the driver of
the Auto bearing registration No.KA-30-M-42.
6. The claimant examined himself as PW-1 and
narrated the manner of happening of accident. He also
produced sufficient proof in the form of Ex.P-1-FIR,
Ex.P-2-copy of Complaint, Ex.P-3 Spot Mahazar and
Ex.P-6-Charge Sheet to establish that the accident
occurred due to the rash and negligent driving of the
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driver of the Auto bearing registration No.KA-20-8429. But
the Insurance Company failed in its attempt to establish
that the accident occurred due to the rash and negligent
driving of the driver of the Auto rickshaw bearing
registration No.KA-30-M-42. Learned counsel for the
Insurance Company failed in her attempt to convince this
Court that she has got valid grounds basing on which the
liability of the Insurance Company to pay compensation
can be interfered with. Therefore, this Court is of the view
that the appeal filed by the Insurance Company i.e., MFA
No.10204/2013 deserves dismissal.
7. Coming to the version of the claimant seeking
enhancement of compensation, learned counsel for the
claimant contends that the claimant sustained grievous
injuries in the road traffic accident and became disabled.
However, the Tribunal did not award any sum as
compensation under the head loss of future earnings.
Learned counsel also states that the tribunal granted a
sum of Rs.3,000/- only under the head loss of income
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during laid up period which is unjustifiable. Learned
counsel also submits that the compensation that is
granted by the tribunal under all other heads is also on
lower side. Learned counsel thereby seeks for
enhancement of compensation.
8. The Tribunal through the impugned order awarded
a sum of Rs.26,250/- as compensation divided under
following heads:-
Heads Amount in Rs.
Pain and suffering 8,000-00
Medical expenses 5,250-00
Loss of income during 3,000-00
treatment period
Discomfort and loss of 5,000-00
amenities
Conveyance, attendant 5,000-00
charges and nourishing food
Total 26,250-00
9. The claimant by all the evidence produced,
succeeded in establishing that he sustained three simple
injuries that is laceration on forehead, laceration on
mandible and laceration on upper and lower lips. The
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claimant also succeeded in establishing that he sustained
grievous injury that is a head injury with defuse cerebral
oedima. He also established that he took treatment as
inpatient for a period of six days.
10. As per the version of the claimant as a Mason he
was earning Rs.4,000/- per month by the date of accident.
Thought the claimant failed to produce sufficient proof to
that effect, yet this Court is of the view that for the
relevant period, the notional income can be taken as
Rs.4,000/- per month.
11. Having considered the nature of injuries
sustained, this Court is of the view that the claimant would
have taken bed rest atleast for a period of two months.
The Tribunal did not award justifiable sum as
compensation either under the head pain and suffering or
under the head loss of income during treatment period.
Therefore, considering the totality of the evidence
produce, this Court is of the view that the compensation
granted by the tribunal can be enhanced by Rs.20,000/-.
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Therefore, both the appeals are disposed of with the
following:-
ORDER
i. MFA No.10204/2013 is Dismissed without costs.
ii. MFA No.5095/2014 is Allowed in part.
iii. The compensation that is granted by the Additional
Motor Accident Claims Tribunal, Udupi (sitting at
Kundapura) through orders in M.V.C. No.701/2006
dated 29.07.2013 is enhanced by Rs.20,000/-
(Rupees Twenty Thousand only)
iv. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
v. The Insurance Company is directed to deposit the
enhanced sum within a period of eight weeks from
the date of receipt of copy of this order.
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vi. On such deposit, the claimant is permitted to
withdraw the entire amount.
vii. Amount if any, in deposit be transmitted to the
concerned tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT: BHK
