Allowed

Smt. Nikhitha v. Pruthvi S. Guptha

Karnataka HC9 Aug 2024MFA/6590/2019

Case brief

AI extract

What is this about?

Claimant injured in a car accident sought enhancement of Rs.80,000 awarded by the MACT, Hassan. The High Court awarded an additional Rs.30,000 for injuries including facial abrasions and nasal bone fracture with 20 days hospitalisation, fixed interest at 6% per annum following Joyeeta Bose, and directed the insurer to deposit within six weeks.

What did the court decide?

Total compensation enhanced to Rs.1,10,000 with 6% interest from date of claim petition; Insurance Company to deposit within six weeks.

Smt. Nikhitha Vs Pruthvi S. Guptha — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^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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M.F.A. NO. 6590 OF 2019 (MV)

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BETWEEN:

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SMT. NIKHITHA W/O PRUTHVI S. GUPTHA, AGED ABOUT 26 YEARS R/AT GAYATHRI BANDARA, NEW BRIDGE, B.M. ROAD, HASSANPRESENTLY R/O HASSAN-BELUR ROAD, BEHIND PETROL BUNK, HASSAN – 573 201.

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… APPELLANT

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(BY SRI. H J ANANDA., ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A 1. PRUTHVI S. GUPTHA Location: HIGH S/O SATHYANARAYANA GUPTHA COURT OF KARNATAKA AGED ABOUT 31 YEARS R/AT GAYATHRI BANDARA, NEAR BRIDGE, B.M. ROAD, SAKALESHPURA HASSAN DISTRICT – 573 201.

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THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, 1^ST FLOOR, KRUTHIKA ORCADE, N.R. CIRCLE, H.N. PURA ROAD,

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2 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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HASSAN – 573 201.

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… RESPONDENTS (BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2019 PASSED IN MVC NO.506/2018 ON THE FILE OF THE 5^TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR FURTHER 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

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Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 27.03.2019 passed by the 5^th Additional District and Sessions Judge, Hassan in MVC No.506/2018.

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Facts giving rise to the filing of the appeal briefly stated are that on 03.07.2016, the claimant was traveling in the Car bearing Registration No.KA-46-M-3350 along

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3 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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with her daughter and husband near Naidupet-Putala Pattu National Highway near Diguva Chavali Village of Andrapradesh and at that time, the said Car was drove it in a rash and negligent manner and the accident had taken place due to the fault of the driver of the said Car. 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 she 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 filed written statement denying the averments made in the claim petition.

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4 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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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 herself as PW-1 and got exhibited documents namely Ex.P1 to Ex.P16. On behalf of the respondents, neither examined any witness nor exhibited any document. 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.80,000/along with interest at the rate of 9% 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

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that as per wound certificate, the claimant sustained multiple abrasions all over the face, fracture of nasal bone.

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5 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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She was inpatient in the hospital for a period of 20 days. She has spent a sum of Rs.29,459.92/- towards 'medical expenses'. Due to the injuries, she was not in a position to discharge her regular work. She has suffered lot of pain during treatment. Considering the same, the global compensation of Rs.80,000/- awarded by the Tribunal is on the lower side. Hence, he sought for allowing the appeal.

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On the other hand, the learned counsel for the Insurance Company has submitted that even though the claimant claims that she was suffered grievous injuries, she has not examined the doctor. Considering the same, the Tribunal has granted just and reasonable compensation and it does not call for interference. He further submitted that in light of the Division Bench decision of this Court in the case of Ms.Joyeeta Bose and others –vVenkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the rate of interest awarded by the Tribunal

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6 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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at 9% p.a. on the compensation amount appears excessive. 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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It is not in dispute that the accident has occurred due to rash and negligent driving of the offending vehicle by its driver.

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As per Wound Certificate Ex.P4, the claimant has sustained multiple abrasions all over the face, fracture of nasal bone. She was inpatient in the hospital for a period of 20 days. She has spent a sum of Rs.29,459.92/towards 'medical expenses'. Due to the injuries, she was not in a position to discharge her regular work. She has suffered lot of pain during treatment. Therefore, considering the evidence of the claimant and nature of injuries mentioned in the wound certificate, I am inclined to award compensation of Rs.30,000/- in addition to compensation of Rs.80,000/- awarded by the Tribunal.

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7 - NC: 2024:KHC:31912 MFA No. 6590 of 2019

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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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c) The claimant is entitled to a total compensation of Rs.1,10,000/-.

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d) Following the judgment of the Division Bench of this Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the enhanced compensation shall carry interest at 6% per annum.

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e) The Insurance Company is directed to deposit the compensation amount along with interest 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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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.1:Sl.No.32

Smt. Nikhitha v. Pruthvi S. Guptha

Case brief

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Smt. Nikhitha v. Pruthvi S. Guptha

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