Partly allowed

Sri Naveen Alwyn Lasrado v. the Branch Manager

Karnataka HC29 Nov 2022MFA/575/2020

Case brief

AI extract

What is this about?

The High Court allowed the miscellaneous first appeal filed by an injured claimant against the Motor Accident Claims Tribunal. Modifying the Tribunal's award, the Court enhanced the compensation to Rs. 194,332/- considering medical bills and injuries sustained in the road traffic accident, and directed deposit with interest.

What did the court decide?

Compensation enhanced to Rs. 194,332/- and interest directed to be deposited by Insurance Company within six weeks.

Sri Naveen Alwyn Lasrado Vs the Branch Manager — Motor Accident Claims | Karnataka HC (2022)

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MFA No. 575 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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MISCELLANEOUS FIRST APPEAL NO. 575 OF 2020 (MV-I)

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BETWEEN:

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SRI NAVEEN ALWYN LASRADO @ NAVEEN LASRADO S/O LATE ALBERT LASRADO AGED ABOUT 42 YEARS R/AT NO.3-17-1472 KARAVALI LAND, KADRI TOLL GATE MANGALURU TALUK.

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…APPELLANT

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(BY SRI. KALPANA P V., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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THE BRANCH MANAGER UNITED INDIA INS. CO.LTD. VARANASI TOWERS, MISSION STREET JBUNDER, MANGALURU-575001.

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A VINCENT CUTINHA S/O JOSEPH KUTINHA AGED 51 YEARS MANAGING PARTNER O/AT M/S ANUPAMA FEEDS 1ST FLOOR, C-6 INDUSTRIAL ESTATE

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MFA No. 575 of 2020

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MOODABIDRI, CHIKKAMAGALURU DIST-577101.

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…RESPONDENTS

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(BY SRI. A RAVISHANKAR.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 26.09.2022)

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THIS MFA IS FILED UNDER SECTION.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:30.09.2019 PASSED ON MVC NO.1488/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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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 30.9.2019 passed by MACT, Mangaluru, D.K. in MVC 1488/2018.

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Facts giving rise to the filing of the appeal briefly stated are that on 14.2.2018 when the claimant was proceeding on his scooter bearing registration No.KA-

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MFA No. 575 of 2020

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19-EQ-5964 from Mangaluru towards Adyar Panchayath,

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at that time, another scooter bearing registration No.KA19-EH-5892 being ridden by its rider 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.

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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 riding of the offending vehicle by its rider.

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On service of notice, the respondents appeared through counsel and filed written statements in which the averments made in the petition were denied.

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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

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MFA No. 575 of 2020

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and got exhibited documents namely Ex.P1 to Ex.P15. On behalf of the respondents, now witness was examined but got exhibited documents namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent riding of the offending vehicle by its rider, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.119,332/- 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.

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The learned counsel for the claimant has contended that as per wound certificate, the claimant has sustained fracture of left leg and injuries to foot, right leg, forehead. He was treated as inpatient for a period of 5 days. He has produced medical bills at Ex.P-13 amounting to Rs.108,382.54/-. Even after discharge from the

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MFA No. 575 of 2020

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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.

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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 compensation and it does not call for interference. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties and

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perused the judgment and award of the Tribunal.

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MFA No. 575 of 2020

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It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 14.2.2018 due to rash and negligent riding of the offending vehicle by its rider.

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As per wound certificate, the claimant has sustained fracture of left leg and injuries to foot, right leg, forehead. He was treated as inpatient for a period of 5 days. He has produced medical bills at Ex.P-13 amounting to Rs.108,382.54/-. 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 discharge summary, I am inclined to award compensation of Rs.75,000/in addition to compensation of Rs.119,332/- awarded by the Tribunal.

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In the result, the appeal is allowed in part . The judgment of the Claims Tribunal is modified.

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MFA No. 575 of 2020

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The claimant is entitled to a total compensation of Rs.194,332/- as against Rs.119,332/- awarded by the Tribunal .

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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 .

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Sd/JUDGE

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List No.: 2 Sl No.: 53

Sri Naveen Alwyn Lasrado v. the Branch Manager

Case brief

What is this about?

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Sri Naveen Alwyn Lasrado v. the Branch Manager

Case brief

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