Partly allowed

Indira Poojarthy v. Reena D Silva

Karnataka HC1 Dec 2023MFA/63/2021

Case brief

AI extract

What is this about?

This appeal against a Motor Vehicles Act compensation award involved a pedestrian injured by a moped. The high court examined the injuries and medical bills, finding the tribunal's award insufficient, and enhanced the compensation to Rs.130,000 with interest.

What did the court decide?

Compensation enhanced to Rs.130,000 with 6% annual interest from the date of filing the claim petition till realization.

Indira Poojarthy Vs Reena D Silva — Motor Accident Claims | Karnataka HC (2023)

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1 - NC: 2023:KHC:43324 MFA No. 63 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 63 OF 2021 (MV)

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BETWEEN:

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INDIRA POOJARTHY AGED ABOUT 59 YEARS W/O SUDHARMA POOJARY R/O SHRI SIDDI UPPOR VILLAGE, THENKABETTU POST UDUPI TALUK AND DISTRICT-576101

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…APPELLANT

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(BY MISS. SWATHI G HEGDE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)

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AND:

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REENA D SILVA W/O BLAISIE DIAS AGED BY MAJOR Digitally signed R/AO H.NO.2-6, HADAVU POST by PADUKONE, KUNDAPURA TALUK DHANALAKSHMI UDUPI DISTRICT-576201. MURTHY Location: High Court of 2. THE UNITED INDIA INSURANCE CO LTD Karnataka

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THE UNITED INDIA INSURANCE CO LTD DIVISIONAL MANAGER DIVISIONAL OFFICE JEWEL PLAZA, 1ST FLOOR MARUTHI VEETHIKA UDUPI-576101

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…RESPONDENTS

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(BY SRI.S.V. HEGDE MULKHAND., ADVOCATE FOR R2: NOTICE TO R1 SERVED & UNREPRESENTED)

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2 - NC: 2023:KHC:43324 MFA No. 63 of 2021

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.07.2020 PASSED IN MVC NO. 972/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 6.7.2020 passed by MACT, Udupi in MVC No.972/2016.

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Facts giving rise to the filing of the appeal briefly stated are that on 12.4.2016 when the claimant was a pedestrian on western mud portion of NH-66, near Uppor, at that time, moped bearing registration No.KA-20-F-8959 being ridden by its rider at a high speed and in a rash and negligent manner, dashed to the claimant. As a result of

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3 - NC: 2023:KHC:43324 MFA No. 63 of 2021

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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 she spent huge amount towards medical expenses, conveyance charges, 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.

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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 herself was examined as PW-1 and got exhibited documents namely Ex.P1 to Ex.P8. On behalf of the respondents, two witnesses were examined as RWs-1 and 2 and got exhibited documents namely

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NC: 2023:KHC:43324 MFA No. 63 of 2021

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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 Rs87,264/- along

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with interest at the rate of 6% p.a. and directed the Insurance Company to deposit the compensation amount along with interest with liberty to recover the same from the owner of the offending vehicle. Being aggrieved, the present appeal has been filed.

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The learned counsel for the claimant has contended

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that as per wound certificate, the claimant has sustained laceration on the back of head, reddish contusion on the right shoulder, reddish abrasion on the right 3rd toe. She was treated as inpatient for a period of 9 days. She has produced medical bills amounting to Rs.38,264/-. Even after discharge from the hospital, she was not in a position to discharge her regular work. She has suffered lot of pain

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5 - NC: 2023:KHC:43324 MFA No. 63 of 2021

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during treatment. Considering the same, the overall compensation of 87,264/- awarded by the Tribunal is on the lower side. Hence, she 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 she has not examined the doctor regarding disability and injuries suffered by her. 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. Further, considering the evidence of the parties and materials available on record, the Tribunal has rightly exonerated the Insurance Company from liability and rightly ordered for pay and recover. Hence, he sought for dismissal of the appeal.

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Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.

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6 - NC: 2023:KHC:43324 MFA No. 63 of 2021

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It is not in dispute that the accident has occurred due

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to rash and negligent riding of the offending vehicle by its rider.

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As per wound certificate, the claimant has sustained laceration on the back of head, reddish contusion on the right shoulder, reddish abrasion on the right 3rd toe. She was treated as inpatient for a period of 9 days. She has produced medical bills amounting to Rs.38,264/-. She has not examined the doctor regarding disability suffered by her. Considering the evidence of the claimant and injuries mentioned in the wound certificate and considering the medical bills, I am inclined to award compensation of Rs.130,000/- as against compensation of Rs.87,264/awarded by the Tribunal.

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In the result, the following order is passed:

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ORDER

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a) The appeal is allowed in part .

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b) The judgment of the Claims Tribunal is modified.

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NC: 2023:KHC:43324 MFA No. 63 of 2021

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c) The claimant is entitled to a total compensation of Rs.130,000/- as against Rs.87,264/- awarded by the Tribunal .

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d) 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. Thereafter, the Insurance Company is at liberty to recover the said amount from the owner of the offending vehicle.

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Sd/JUDGE

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List No.: 3 Sl No.: 51

Indira Poojarthy v. Reena D Silva

Case brief

What is this about?

What did the court decide?

Indira Poojarthy v. Reena D Silva

Case brief

What is this about?

What did the court decide?

What the court decided

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