Karnataka High Court
Dhanush S Eshwar vs Manjunath Asphalts on 29 November, 2022
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 6745 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO.6745 OF 2019(MV-I)
BETWEEN:
DHANUSH S ESHWAR
S/O K A ESHWAR
AGED ABOUT 22 YEARS
R/AT NO.12/13
MOOKAMBIKA NILAYA
HANUMANTHA SAGARA ROAD
KADURAGERE VILLAGE
BASAVESHWARA NAGARA
MADANAYAKANAHALLI
BANGALORE 562123.
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)
AND:
1. MANJUNATH ASPHALTS
NO.4M-504, OUTER RING ROAD,
Digitally signed by
DHANALAKSHMI KAMMANAHALLI CIRCLE,
MURTHY OPP. TO INDO ASIAN GROUP OF
Location: High INSTITUTION, BENGALURU 43.
Court of Karnataka
2. UNITED INDIA INSURANCE CO., LTD.,
MOTOR DEALER DIVISION
KRISHI BHAVANA, 6TH FLOOR
HUDSON CIRCLE, BENGALURU 560001.
...RESPONDENTS
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MFA No. 6745 of 2019
(BY SRI.C. SHANKARA REDDY., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED:10.10.2022)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:06.03.2019
PASSED IN MVC NO.7112/2017 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
(SCCH-4) , PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, 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 6.3.2019 passed by MACT, Bengaluru in MVC 7112/2017.
2. Facts giving rise to the filing of the appeal briefly stated are that on 15.11.2017 when the claimant was standing near the motorcycle bearing KA-04-JG-6489 which was parked under the tree on 60 feet road, Sanjay nagar, at that time, driver of tipper lorry bearing -3- MFA No. 6745 of 2019 registration No.KA05-AA-6309 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the road side tree and due to the impact, the branches fell on the motorcycle and 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 rash and negligent driving of the offending vehicle by its driver.
4. On service of notice, the respondent No.2 appeared through counsel and filed written statement in which the averments made in the petition were denied.
The respondent No.1 did not appear before the Tribunal inspite of service of notice and was placed ex- parte.
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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 another witness as PW-2 and got exhibited documents namely Ex.P1 to Ex.P17. On behalf of the respondents, neither any witness was examined nor any document was produced. 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.263,000/- along with interest at the rate of 6% 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 as per wound certificate, the claimant has -5- MFA No. 6745 of 2019 sustained injuries to head, left side of chest, both eyes, lungs, mild traumatic brain injury, lung contusions on left lung and fracture of 4th rib and both eyes-conjunctival chemosis of both eyes. He was treated as inpatient for a period of 5 days. He has produced medical bills at Ex.P-13 amounting to Rs.166,305/-. 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 total compensation awarded by the Tribunal is on the 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 claimant has sustained simple injuries and he has not examined the doctor regarding disability and injuries suffered by him. Considering the evidence of the claimant and injuries mentioned in the wound certificate and considering the medical bills, the Tribunal has granted just and reasonable -6- MFA No. 6745 of 2019 compensation and it does not call for interference. Hence, he sought for dismissal of 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 15.11.2017 due to rash and negligent driving of the offending vehicle by its driver.
As per wound certificate, the claimant has sustained injuries to head, left side of chest, both eyes, lungs, mild traumatic brain injury, lung contusions on left lung and fracture of 4th rib and both eyes-conjunctival chemosis of both eyes. He was treated as inpatient for a period of 5 days. He has produced medical bills at Ex.P-13 amounting to Rs.166,305/-. He has not examined the doctor regarding disability suffered by him. Considering the evidence of the claimant and injuries mentioned in the wound certificate and considering the medical bills and -7- MFA No. 6745 of 2019 discharge summary, I am inclined to award compensation of Rs.75,000/- in addition to compensation of Rs.263,000/- awarded by the Tribunal.
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.338,000/- as against Rs.263,000/- awarded by the Tribunal.
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/-
JUDGE DM List No.: 2 Sl No.: 52