Allowed

Sri Srinivas K T v. Sri Manjunath R K

Karnataka HC23 Sept 2024MFA/6365/2018

Case brief

AI extract

What is this about?

Claimant injured as pillion rider in a two-wheeler accident sought enhancement of compensation. Court found injuries and medical bills of Rs.24,300 substantiated and enhanced total compensation from Rs.99,000 to Rs.1,50,000 with interest at 6% p.a.

What did the court decide?

Compensation enhanced to Rs.1,50,000 with interest @6% p.a., to be deposited by Insurance Company within six weeks.

Sri Srinivas K T Vs Sri Manjunath R K — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:39216 MFA No. 6365 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD 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. 6365 OF 2018 (MV)

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BETWEEN:

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SRI SRINIVAS K T S/O. LATE. SRI. THIMMAIAH AGED ABOUT 37 YEARS R/AT NO. 599, 1ST MAIN 5TH CROSS, KAMALANAGAR BASAVESHWARANAGAR BENGALURLU 560079.

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…APPELLANT

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(BY SRI. RAMACHANDRA R NAIK.,ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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SRI MANJUNATH R K S/O. SRI. KUMARASWAMY R/AT NO. 4448, 6-6, 1ST CROSS 4TH MAIN, BALAJI LAYOUT HONGASANDRA, BEGUR MAIN ROAD BENGLAURU 560068.

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RELIANCE GENERAL INSURANCE CO LTD BALAJI ENCLAVE NO. 782 ABOVE BATA SHOWROOM 16TH MAIN, 2ND STAGE BTM LAYOUT, BENGALURU 560075. REP BY ITS DIVISIONAL MANAGER.

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…RESPONDENTS

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(BY SRI.D VIJAYA KUMAR., ADVOCATE FOR R2: NOTICE TO R1 IS D/W V/O DATED: 23.09.2024)

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2 - NC: 2024:KHC:39216 MFA No. 6365 of 2018

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08/06/2018, PASSED IN MVC NO.1289/2016, ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE & XIX ACMM., MEMBER, MACT, (SCCH-23), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, 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 claimant challenging by the judgment dated 08.06.2018 passed by MACT, Bengaluru in MVC No.1289/2016.

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Facts giving rise to the filing of the appeal briefly stated are that on 01.02.2015 at about 10.30 p.m., the claimant as a pillion rider traveling in a two wheeler bearing Registration No.KA-01-EZ-609 at Chennenahalli Cross, Magadi Bengaluru main road, Bengaluru, at that

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3 - NC: 2024:KHC:39216 MFA No. 6365 of 2018

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time, the driver of the Car bearing Registration No.KA-04C-7308 drove the same in a rash and negligent manner

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and dashed to the two wheeler of one Doddathimmaiah, who was the rider of the said two wheeler. 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 Nos.1 and 2 appeared through counsel and only respondent No.2 filed written statement denying the averments made in the claim petition.

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4 - NC: 2024:KHC:39216 MFA No. 6365 of 2018

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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 head injury, soft tissue injury right shoulder, soft tissue injury back and rib fracture 3^rd to 4^th on right side. He has produced medical bills amounting to Rs.24,300/-. 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:39216 MFA No. 6365 of 2018

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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 nature of injuries and disability suffered by him. 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 01.02.2015 due to rash and negligent driving of the offending vehicle by its driver.

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As per wound certificate, the claimant has sustained head injury, soft tissue injury right shoulder, soft tissue

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6 - NC: 2024:KHC:39216 MFA No. 6365 of 2018

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injury back and rib fracture 3^rd to 4^th on right side. He has produced medical bills amounting to Rs.24,300/-. He has not examined the doctor regarding nature of injuries and disability suffered by him. Therefore, considering the evidence of the claimant, nature of injuries mentioned in the wound certificate and medical records, I am inclined to enhance the compensation awarded by the Tribunal from Rs.99,000/- to Rs.1,50,000/- .

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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. c) The claimant is entitled to a total compensation of Rs.1,50,000/- 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

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NC: 2024:KHC:39216 MFA No. 6365 of 2018

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petition till the date of realization, within a period of

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six weeks from the date of receipt of copy of this

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judgment.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 23

Sri Srinivas K T v. Sri Manjunath R K

Case brief

What is this about?

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Sri Srinivas K T v. Sri Manjunath R K

Case brief

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