Partly allowed

The Managing Director v. Golagani Sathyanarayana

Karnataka HC27 Aug 2024MFA/3395/2019

Case brief

AI extract

What is this about?

BMTC appealed a motor accident compensation award for injuries to a pillion rider struck by its bus. Upholding the Tribunal's negligence finding, the court reduced duplicated medical expense claims, cutting total compensation from Rs.9,33,000 to Rs.8,00,000 with interest at 6% per annum.

What did the court decide?

Compensation reduced from Rs.9,33,000 to Rs.8,00,000; Corporation to deposit amount with 6% p.a. interest within six weeks; deposit transferred to Tribunal.

The Managing Director Vs Golagani Sathyanarayana — Insurance | Karnataka HC (2024)

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1 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3395 OF 2019 (MV)

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BETWEEN:

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THE MANAGING DIRECTOR BMTC K H ROAD SHANTHINAGAR BANGALORE-560027 REPRESENTED BY ITS CHIEF LAW OFFICER

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…APPELLANT

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(BY SRI. F S DABALI .,ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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GOLAGANI SATHYANARAYANA S/O GOLAGANI APPARAO AGE 51 YEARS R/A NO.80-23-4, J P NAGAR NEAR ABAYA HOSPITAL RAJAMUNDRY (RAJMUNDRY URBAN) EAST GODAVARI ANDHRA PRADESH-533101 ALSO AT NO.145, 3RD FLOOR SAPTHAGIRI LAYOUT DODDATOGURU ELECTRONIC CITY BENGALURU-560100

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…RESPONDENT

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(BY SRI.C.V. MUNIREDDY., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.02.2019 PASSED IN MVC NO.1102/2018 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, AND MEMBER MACT, BENGALURU (SCCH-15), AWARDING COMPENSATION

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2 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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OF RS.9,33,000/-WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING, 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 Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the Corporation being aggrieved by the judgment dated 11.02.2019 passed by the Motor Accident Claims Tribunal, Bengaluru (SCCH:15), (hereinafter referred to as ‘the Tribunal’) in MVC No.1102/2018.

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Facts giving rise to the filing of the appeal briefly stated are that on 11.10.2017 at about 7.45 a.m. when the claimant was proceeding as a pillion rider on Activa bearing registration No.KA-51/X-6525 from Electronic City towards Hosur in Hosur-Bengaluru National Highway, when they reached near Chikkatoguru gate, at that time, a BMTC bus bearing registration No.KA-01/FA-2022 being driven by its driver at a high speed and in a rash and

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3 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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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 appeared through counsel and filed written statement denying the averments made in the claim petition.

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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, in order to prove the case, examined himself as PW-1, and other three witnesses were examined as PW-2 to PW-4, and got exhibited documents namely Ex.P1 to Ex.P30. On behalf of the

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4 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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respondents, one witness was examined as RW-1 and no documents were got exhibited. 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.9,33,000/along with interest at the rate of 6% p.a. and directed the Corporation 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 Corporation raised the following contentions:

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Re.Negligence:

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(i) Firstly, the accident occurred due to the negligence of the rider of the Activa. He came in a rash and negligent

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manner and dashed against the bus.

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5 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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(ii) Secondly, it is very clear from the mahazar, IMV report that the rider of the Activa is negligent in causing the accident. The Tribunal erred in holding that the driver of the bus alone is negligent in causing the accident.

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Re.Quantum:

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(iii) Thirdly, the compensation awarded by the Tribunal at Rs.5,57,000/- under the head ‘medical expenses’ is on the higher side. The Tribunal while calculating the medical expenses has taken advance payment made by the claimant. Hence, he sought for allowing the appeal.

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On the other hand, the learned counsel appearing for the claimant has raised the following countercontentions:

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Re.Negligence:

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(i) Firstly, the accident occurred due to the negligence of the driver of the bus. The complaint is lodged against the driver of the bus and the police have

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6 - NC: 2024:KHC:34273 MFA No. 3395 of 2019

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also charge sheeted him. Considering the complaint, evidence of PW1, PW2 and IMV report, the Tribunal has rightly held that the driver of the bus is negligent in causing the accident.

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Re.Quantum:

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(ii) Secondly, due to the accident the claimant has suffered grievous injuries, he was inpatient for a period of 21 days. The Tribunal, after considering the medical records and the evidence of the doctor has granted just and reasonable compensation. 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 and the original records.

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The case of the claimant is that on 11.10.2017 at about 7.45 a.m. when the claimant was proceeding as a pillion rider on Activa bearing registration No.KA-51/X6525 from Electronic City towards Hosur in Hosur-

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Bengaluru National Highway, when they reached near Chikkatoguru gate, at that time, a BMTC bus bearing registration No.KA-01/FA-2022 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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Re.Negligence:

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Immediately after lodging the complaint, FIR has been registered as per Ex.P1. After thorough investigation, police have filed charge sheet against the driver of the bus. PW2 is the rider of the Activa. PW1 and PW2, who are the eyewitnesses to the accident have categorically stated that the accident occurred due to the negligence of the bus. In the cross-examination by the respondents, nothing worthwhile has been elicited. Considering the evidence of PWs. 1 and 2 and considering the FIR, charge sheet, IMV report, the Tribunal has rightly held that the driver of the bus alone is negligent in causing the accident.

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Re.Quantum:

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The total bill amount as per Ex.P9 is Rs.3,26,915, as per Ex.P11, Rs.1,99,921 and as per Ex.P13, Rs.30,000/-. The Tribunal, while calculating the medical bills has considered some of the bills twice, which amounts to Rs.1,33,000/-. Hence, the same has to be reduced from the total amount of Rs.5,57,000/-. Accordingly, the compensation awarded by the Tribunal under the head ‘medical expenditure’ has to be reduced from

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Rs.5,57,000/- to Rs.4,24,000/-.

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In the result, the following order is passed:

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ORDER

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(i) The appeal is allowed in part.

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(ii) The judgment of the Claims Tribunal is modified.

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(iii) The claimant is entitled to a total compensation of Rs.8,00,000/- as against Rs.9,33,000/- awarded by the Tribunal.

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NC: 2024:KHC:34273 MFA No. 3395 of 2019

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(iv) The Corporation 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 a copy of this judgment.

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(v) The amount in deposit is ordered to be transferred

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to the Tribunal, forthwith.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 60

The Managing Director v. Golagani Sathyanarayana

Case brief

What is this about?

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The Managing Director v. Golagani Sathyanarayana

Case brief

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What did the court decide?

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