Partly allowed

Sri Rakesh B K v. T S Krishnamurthy

Karnataka HC27 Aug 2024MFA/4165/2019

Case brief

AI extract

What is this about?

Two claimants injured when a Bolero Jeep hit their motorcycle sought enhancement of tribunal-awarded compensation. The High Court enhanced each award by Rs.75,000/-, modified the Tribunal judgment, directed the insurer to deposit 90% with interest at 6% p.a., and denied interest on enhanced amounts for the 176-day filing delay.

What did the court decide?

Compensation enhanced by Rs.75,000/- each; insurer to deposit 90% of Rs.452,804 and Rs.434,999 with 6% p.a. interest; no interest on delay period.

Sri Rakesh B K Vs T S Krishnamurthy — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:34134 MFA No. 4165 of 2019 C/W MFA No. 4166 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

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MISCELLANEOUS FIRST APPEAL NO. 4165 OF 2019 (MV)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 4166 OF 2019(MV)

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IN MFA 4165/2019

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BETWEEN:

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SRI RAKESH B K S/O KEMPANNA AGED ABOUT 24 YEARS R/AT NO.82, DODDA BYALAKERE VILLAGE SHIVA KOTE POST, HESARAGATTA HOBLI BENGALURU-560089

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…APPELLANT

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(BY SRI. JAGADEESH H T.,ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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T S KRISHNAMURTHY S/O SEETHAPPA MAJOR

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R/AT DEVAGANAHALLI VILLAGE SIDDLAGATTA TALUK CHIKKABALLAPURA DISTRICT.

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THE UNITED INDIA INSURANCE CO. LTD.,REGIONAL OFFICE, AND T P HUB, 5TH AND 6TH FLOORS KRISHIKA SAMAJ BUILDING HUDSON CIRCLE, BENGALURU-560001.

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…RESPONDENTS

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(BY SRI.JANARDHAN REDDY., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED: 05.06.2023)

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2 - NC: 2024:KHC:34134 MFA No. 4165 of 2019 C/W MFA No. 4166 of 2019

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/07/2018, PASSED IN MVC NO.3250/2016, ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 4166/2019

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BETWEEN:

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SRI CHANDAN P S/O PATELAPPA AGED ABOUT 21 YEARS R/AT NO.82, DODDA BYALAKERE VILLAGE SHIVA KOTE POST, HESARAGATTA HOBLI BENGALURU-560089

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…APPELLANT

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(BY SRI. JAGADEESH H T.,ADVOCATE)

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AND:

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T S KRISHNAMURTHY S/O SEETHAPPA MAJOR R/AT DEVAGANAHALLI VILLAGE SIDDLAGATTA TALUK CHIKKABALLAPURA DISTRICT.

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THE UNITED INDIA INSURANCE CO. LTD.,REGIONAL OFFICE, AND T P HUB, 5TH AND 6TH FLOORS KRISHIKA SAMAJ BUILDING HUDSON CIRCLE, BENGALURU-560001.

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…RESPONDENTS (BY SRI.JANARDHAN REDDY., ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH V/O DATED: 05.06.2023)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/07/2018,

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PASSED IN MVC NO.3265/2016, ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL JUDGMENT

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These appeals under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) have been filed by the claimants challenging by the judgment dated 03.07.2018 passed by MACT, Bangalore in MVC No.3250/2016 and MVC No.3865/2016 respectively.

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Facts giving rise to the filing of the appeals briefly

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stated are that on 17.02.2016 when the claimant in MVC 3250/2016 was riding motorcycle bearing registration No.KA-03-HF-2662 along with claimant in MVC 3865/2016 as a pillion rider towards Chikkabyalakere, near Sapthagiri Bar, Lakshmipura cross, at that time, Bolero Jeep bearing registration No.KA-34-M-8028 being driven by its driver at

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4 - NC: 2024:KHC:34134 MFA No. 4165 of 2019 C/W MFA No. 4166 of 2019

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a high speed and in a rash and negligent manner, dashed to the motorcycle. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized.

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The claimants filed petitions under Section 166 of the Act, seeking compensation. It was pleaded that they 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 respondents appeared through counsel and filed written statements denying the averments made in the claim petition.

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On the basis of the pleadings of the parties, the

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Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimants, in order to prove the case,

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examined themselves as PWs-1 and 2, another witness as PW-3 and Dr.Girish.G was examined as PW-4, and got exhibited documents namely Ex.P1 to Ex.P17. On behalf of the respondents, two witnesses were examined as RWs-

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1 and 2 and got exhibited documents namely Ex.R1 to Ex.R2. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of contributory negligence, as a result of which, the claimants sustained injuries. The Tribunal further held that the claimant in MVC No.3865/2016 is entitled to a compensation of Rs.359,999/- and claimant in MVC No.3250/2016 is entitled to compensation of Rs.377,804/along with interest at the rate of 6% p.a. and directed the Insurance Company to deposit 90% of the compensation amount along with interest. Being aggrieved, the present appeals have been filed.

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IN MFA 4165/2019 (MVC No.3250/2016- Claimant – Mr.Rakesh.B.K.)

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The learned counsel for the claimant has contended

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that as per the wound certificate, the claimant has

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sustained multiple rib fracture, bilateral pheumothorax hemithorax, T10 vertebral fracture, fracture of left clavicle and other injuries. He has produced medical bills to the tune of Rs.327,804/-. Due to the accident, the claimant has sustained grievous injuries. He was treated as inpatient for a period of 18 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 awarded by the Tribunal is just and reasonable. Hence, he sought to allow 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. The claimant has not examined the doctor regarding disability suffered by him. Due to the injuries, he has not suffered an loss of income. Considering the nature of injuries, the Tribunal has granted just and reasonable compensation and it does not

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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 road traffic accident occurred on 17.02.2016 due to contributory negligence to the extent of 10% on the part of the claimant and 90% on the part of the driver of the offending vehicle.

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As per the wound certificate, the claimant has sustained multiple rib fracture, bilateral pheumothorax hemithorax, T10 vertebral fracture, fracture of left clavicle and other injuries. He was treated as inpatient for a period of 18 days. The claimant has produced medical bills to the tune of Rs.327,804/-. He has not examined the doctor regarding nature of injuries sustained and disability suffered by him. Considering the injuries mentioned in the

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wound certificate, evidence of claimant and other medical records, this Court is of the opinion that the claimant is entitled to compensation of Rs.75,000/- in addition to the total compensation awarded by the Tribunal.

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IN MFA 4166/2019 (MVC No.3865/2016-Claimant-Mr.Chandan.P)

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The learned counsel for the claimant has contended

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that as per the wound certificate, the claimant has sustained right zygomatic maxillary complex fracture with right orbital floor fracture with B/L apical pnuemothorax fracture right transverse process of T17. PW-4, the doctor in his evidence has stated that the claimant has suffered disability of 11.5% to whole body. He was treated as inpatient for a period of 10 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, overall compensation awarded by the Tribunal is just and reasonable. Hence, he sought to allow 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. The disability has not affected his studies and he has continued his studies. Considering the nature of injuries, 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 road traffic accident occurred on 17.02.2016 due to contributory negligence to the extent of 10% on the part of the claimant and 90% on the part of the driver of the offending vehicle.

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As per the wound certificate, the claimant has sustained right zygomatic maxillary complex fracture with right orbital floor fracture with B/L apical pnuemothorax

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fracture right transverse process of T17. PW-4, the doctor

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in his evidence has stated that the claimant has suffered 11.5% to whole body. He was treated as inpatient for a period of 10 days. Considering the injuries mentioned in the wound certificate, evidence of doctor and other medical records, this Court is of the opinion that the claimant is entitled to compensation of Rs.75,000/- in addition to the compensation 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 appeals are allowed in part .

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b) The judgment of the Claims Tribunal is modified.

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c) The claimant in MVC No.3250/2016 is entitled to a total compensation of Rs.452,804/- as against Rs.377,804/-.

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d) The claimant in MVC No.3865/2016 is entitled to a total compensation of Rs.434,999/- as against Rs.359,999/-.

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e) The Insurance Company is directed to deposit 90% of the total 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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f) In view of orders passed by this Court, the claimants are not entitled to interest on the enhanced compensation for the delayed period of 176 days in filing the appeals.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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DM List No.: 1 Sl No.: 22

Sri Rakesh B K v. T S Krishnamurthy

Case brief

What is this about?

What did the court decide?

Sri Rakesh B K v. T S Krishnamurthy

Case brief

What is this about?

What did the court decide?

What the court decided

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