Partly allowed

Sri Chikkarudraiah R v. The New India Assurance Company Ltd.

Karnataka HC21 Sept 2024MFA/1388/2020

Case brief

AI extract

What is this about?

Claimant sought enhancement of compensation for grievous injuries sustained when a car dashed his moped. The High Court enhanced compensation from Rs.99,000 to Rs.150,000 with 6% interest, denying interest for the 254-day appeal delay.

What did the court decide?

Compensation enhanced from Rs.99,000 to Rs.150,000 with 6% p.a. interest; Insurance Company to deposit within six weeks; no interest on delayed period of 254 days.

Sri Chikkarudraiah R Vs The New India Assurance… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1388 OF 2020 (MV)

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BETWEEN:

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SRI CHIKKARUDRAIAH R S/O LATE RUDRAIAH AGED ABOUT 56 YEARS R/AT NO.464, OPP SOWNDHARYA SCHOOL HAVANURU LAYOUT, NAGASANDRA POST BENGALURU-560073

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…APPELLANT

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(BY SRI. PARIKSHIT S S.,ADVOCATE AND SRI. GOVARDHANA V.S., ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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THE NEW INDIA ASSURANCE COMPANY LTD. MAHALAKSHMI CHAMBER NO.9 2ND FLOOR M G ROAD BENGALURU-560010 REP BY ITS MANAGER

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SRI RAKESH S S/O MADAIAH SHIVA RAMU NO.10/2 6TH CROSS VITTALANAGAR CHAMARAJPETE BENGALURU-560026

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…RESPONDENTS

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(BY SRI. LAKSHMI NARAYAN, ADVCOATE FOR SRI. SUDHAKAR REDDY S V., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 28.03.2023)

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2 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:29.08.2018 PASSED IN MVC NO.4567/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL JUDGMENT

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This appeal under Section 173(1) of Motor Vehicles

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Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant challenging by the judgment dated 29.08.2018 passed by MACT, Bengaluru in MVC No.4567/2017.

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Facts giving rise to the filing of the appeal briefly stated are that on 01.05.2017 when the claimant was riding Moped bearing registration No.KA-02-HY-3110 along with two pillion riders from Bengaluru to Kenchamma

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3 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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Temple, Magadi taluk, at that time, car bearing registration No.KA-05-AF-8930 being driven by its driver 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 significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.

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Upon service of notice, the respondent No.1 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.1, despite service of notice, did not appear before the Tribunal and was placed ex-parte.

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4 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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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 Tribunal, by impugned judgment and award has partly allowed the claim petition and held that the claimant is entitled to a compensation of Rs.99,000/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.

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The learned counsel for the claimant has submitted that the claimant has sustained grievous injuries in the accident. He has examined the doctor as PW-4. He has produced medical bills amounting to Rs.22,582/-. He was treated as inpatient for a period of 3 days. 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 overall compensation granted by the Tribunal is on the lower side. Hence, he sought to allow the appeal.

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5 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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On the other hand, the learned counsel for the Insurance Company has contended that the claimant has sustained simple injuries. PW-4 has stated that claimant was conscious when he came to the hospital and after two days of observation, he was found stable while discharging. The doctor has not stated about disability suffered by the claimant. Therefore, considering the nature of injuries and medical records, the Tribunal has granted just and reasonable compensation and it does not call for interference. Hence, he sought to dismissal 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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It is not in dispute that the claimant has sustained injuries in the accident occurred on 01.05.2017 due to rash and negligent driving of the offending vehicle by its driver.

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6 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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As per wound certificate, the claimant has sustained

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cut laceration wound on posterior aspect of right ear pinna, CLW on posterior occipital region in scalp, CLW on fronto-parietal region in centre of scallop, avulsion of nail or right great toe, multiple abrasions. He was treated as inpatient for a period of 3 days. He has produced medical bills amounting to Rs.22,582/-. Even though the doctor has been examined as PW-4, doctor has deposed that claimant was conscious when he came to the hospital and after two days of observation, he was found stable while discharging and he has not stated anything about the disability suffered by the claimant. Therefore, considering the evidences of the claimant and doctor, nature of injuries mentioned in the wound certificate and medical records, I am inclined to award a compensation of Rs.150,000/- as against Rs.99,000/- awarded by the Tribunal.

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In the result, the following order is passed:

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7 - NC: 2024:KHC:39008 MFA No. 1388 of 2020

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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. c) The claimant is entitled to a total compensation of Rs.150,000/- as against Rs.99,000/- 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.

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e) In view of the order dated 10.04.2024 passed by this Court, the claimant is not entitled to interest on the for the delayed period of 254 days in filing the appeal.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 22

Sri Chikkarudraiah R v. The New India Assurance Company Ltd.

Case brief

What is this about?

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Sri Chikkarudraiah R v. The New India Assurance Company Ltd.

Case brief

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