Karnataka High Court
Basavaraj vs Praveen S Hiremath on 14 October, 2022
Author: H. T. Narendra Prasad
Bench: H. T. Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.1081 OF 2020(MV)
BETWEEN:
BASAVARAJ
S/O NAGAPPA
AGED ABOUT 52 YEARS
OCC.CLEANER WORK IN HOTEL AND COOK
R/O SHANKAR VIHAR LAYOUT
BEHIND BSNL OFFICE
RING ROD, DAVANAGERE
...APPELLANT
(BY SRI. RAJASHEKHAR K.,ADV.)
AND:
1. PRAVEEN S HIREMATH
S/O MALLAYYA
AGED ABOUT 28 YEARS
R/O BESIDES ANJANEYA TEMPLE
KALAVADA VILLAGE
NAVALAGUNDA TALUK
DHARWAD.
2. SHANKRAYYA HIREMATH
S/O MADIVALAYYA
AGED ABOUT 58 YEARS
R/O BESIDES ANJANEYA TEMPLE
KALAVADA VILLAGE
2
NAVALAGUNDA TLAUK
DHARWAD.
3. THE MANAGER
CHOLAMANDALAM M S
GENERAL INSURANCE
COMPANY LIMITED
BRANCH OFFICE
DESAI CROSS, HUBBALLI
...RESPONDENTS
(BY SRI.B.PRADEEP, ADV. FOR R3:
NOTICE TO R1 & R2 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED.
07.01.2019, PASSED IN MVC NO.330/2018, ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER,
MACT-IV, DAVANGERE, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dated 07.01.2019 passed by the MACT, Davanagere in MVC No.330/2018. 3
2. Facts giving rise to the filing of the appeal briefly stated are that on 02.12.2017 at about 05.30 p.m., the claimant after completing the walk, he has tried to cross P B Road near Renuka Mandira in order to get flowers, at that time, the driver the Cruiser vehicle bearing Registration No.KA-25/D-2614 came from Aruna Circle to railway station in high speed, rash and negligent manner and dashed against 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 huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the 4 rash and negligent driving of the offending vehicle by its driver.
4. On service of notice, the respondent Nos.1 to 3 have appeared through counsel and respondent Nos.1 and 3 have filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is false and frivolous in the eye of law. The liability is subject to terms and conditions of the policy. The age, avocation and income of the claimant and the medical expenses are denied. It was further pleaded that the quantum of compensation claimed by the claimant is exorbitant. Hence, he sought for dismissal of the petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimant himself was examined as PW-1 and got exhibited documents 5 namely Ex.P1 to Ex.P13. On behalf of the respondents, no witness was examined but got exhibited a document namely Ex.R1. 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.1,32,200/- 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 contended that due to the accident, the claimant has sustained grievous injuries to right leg, left leg and right wrist and other parts of the body. He was treated as inpatient for a period of 15 days. He has spent 6 more than Rs.57,000/- for 'Medical Expenses'. 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 compensation of Rs.1,32,200/- granted by the Tribunal is on lower side. Hence, he sought for allowing the appeal.
7. On the other hand, the learned counsel for the Insurance Company has contended that the injuries suffered by the claimant are minor in nature. He was treated as inpatient only for a period of 15 days. He has not examined the doctor. Considering the injuries sustained by the claimant and considering the Wound Certificate, age and avocation of the claimant, the overall compensation awarded by the Tribunal is just and reasonable compensation.
He further contended that in view of judgment of the Division Bench of this Court in the case of 7 MS.JOYEETA BOSE AND OTHERS vs. VENKATESHAN.V AND OTHERS (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the claimants are entitled for 6% interest but the Tribunal has granted 8% interest is on the higher side. Hence, he sought for dismissal of the appeal.
8. Heard the learned counsel for the parties and perused the records.
9. It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred due to rash and negligent driving of the offending vehicle by its driver.
AS per Wound Certificate, the claimant has sustained fracture of left tibia and middle 1/3rd fibula DN. He was treated as inpatient for a period of 15 days. He has spent more than Rs.57,000/- for 'Medical Expenses'. Even after discharge from the hospital, he 8 was not in a position to discharge his regular work. He has suffered lot of pain during treatment. Considering the injuries suffered by the claimant, Wound Certificate as per Ex.P12, Discharge Summary as per Ex.P10 and Ex.P11, I am of the opinion that the overall compensation awarded by the Tribunal Rs.1,32,200/- has to be enhanced to Rs.2,00,000/-.
10. In the result, the appeal is allowed in part. The judgment of the Claims Tribunal is modified.
The claimant is entitled to a total compensation of Rs.2,00,000/- as against Rs.1,32,200/- awarded by the Tribunal.
In view of judgment of the Division Bench of this Court in the case of 'MS.JOYEETA BOSE' (supra), the enhanced compensation shall carry interest at 6% per annum.
The Insurance Company is directed to deposit the compensation amount along with interest @ 8% 9 p.a. (the enhanced compensation shall carry interest at 6% per annum) 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/-
JUDGE HA/-