The New India Assurance Co. Ltd., Vs Sri Yogesh

THE NEW INDIA ASSURANCE CO. LTD., NO.9/2 DO-III MAHALAKSHMI COMPLEX M.G. ROAD BENGALURU-560 001 POLICY ISSUED AT DO VIII (671600), 2^ND FLOOR GOPAL COMPLEX NO.47, BAZAR STREET YESHWANTHAPURA BENGALURU-560 022 REPRESENTED BY ITS MANAGER

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…APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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SRI YOGESH S/O RAMANAYAK AGED ABOUT 38 YEARS R/O NO.92 UTHTHASIPALYA MALLAPURA SONDEKOPPA ROAD NELAMANGALA BENGALURU RURAL DISTRICT-562 123

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MFA No. 5394 of 2015 C/W MFA No. 5393 of 2015

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MR IMRAN PASHA S/O BIBI JAN MAJOR IN AGE R/O NO.11 2^ND STAGE KARNATAKA LAYOUT BASAVESHWARA NAGAR BENGALURU-560 079.

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…RESPONDENTS

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(BY SRI.RAGHU R, ADVOCATE FOR SRI. P SHIVAKUMAR, ADVOCATE FOR R1; V/O DTD:10.01.2020, NOTICE TO R-2 IS D/W)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS OF THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL, XX ADDL. SMALL CAUSES JUDGE, MACT & XX ASCJ BANGALORE [SCCH-22] IN MVC NO.4283/2013 AND SET ASIDE THE JUDGMENT AND AWARD DATED 14-5-2015 MADE THERE IN BY ALLOWING THIS APPEAL AND GRANT SUCH OTHER APPROPRIATE AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE INTEREST OF JUSTICE.

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IN MFA NO. 5393/2015

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BETWEEN:

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THE NEW INDIA ASSURANCE CO LTD., NO.9/2 DO-III MAHALAKSHMI COMPLEX M G ROAD BANGALORE 560 001 POLICY ISSUED AT DO VIII (671600) 2^ND FLOOR, GOPAL COMPLEX NO.47, BAZAR STREET

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MFA No. 5394 of 2015 C/W MFA No. 5393 of 2015

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YESHWANTHAPURA BENGALURU 560022 REPRESENTED BY ITS MANAGER

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...APPELLANT

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(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE)

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AND:

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SRI NARASIMHAMURTHY S/O LATE SIDDALINGAIAH AGED ABOUT 44 YEARS R/O NEAR GANESH GUDI SONDEKOPPA ROAD NELAMANGALA TOWN BENGALURU RURAL DISTRICT-562 123

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MR IMRAN PASHA S/O BIBI JAN MAJOR IN AGE R/O NO.11 2^ND STAGE KARNATAKA LAYOUT BASAVESHWARA NAGAR BENGALURU-560 079.

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...RESPONDENTS

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(BY SRI.RAGHU R, ADVOCATE FOR SRI. P SHIVAKUMAR, ADVOCATE FOR R1; V/O DTD:17.07.2019, NOTICE TO R-2 IS D/W)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS OF THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL, XX ADDL. SMALL CAUSES JUDGE, MACT & XX ASCJ BANGALORE [SCCH-22] IN MVC NO.4284/2013 AND SET ASIDE THE JUDGMENT AND AWARD DATED 14-5-2015 MADE THERE IN BY ALLOWING THIS APPEAL AND GRANT

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SUCH OTHER APPROPRIATE RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE INTEREST OF JUSTICE.

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THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30.10.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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CAV JUDGMENT

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The MFA No.5394/2013 and MFA No.5393/2013 are

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filed under Section 173(1) of the Motor Vehicles Act, 1989 (herein after referred to as ‘the MV Act’ for short), to set aside the common Judgment and Award dated 14.05.2015 in MVC No.4283/2013 and 4284/2013 passed by the XX Additional Small Causes Judge and MACT, Bangalore (SCCH-22) (herein after referred to as ‘the Tribunal’ for short).

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The appellant herein in both the appeals are respondent in both the MVC and the respondents No.1 herein in both the appeals are the claimants in both the

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cases and the respondent No.2 herein in both the appeals is the respondent No.1 before the Tribunal.

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The claim petitions are filed by the

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petitioners/claimants, under section 166 of the MV Act, claiming the compensation of Rs.2,00,000/- in MVC No.4283/2013 and Rs.5,00,000/- in MVC No.4284/2013 for the injuries sustained by claimants in a road traffic accident.

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The brief facts of the case are that:-

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On 20.06.2013, at about 9:20 a.m., the

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petitioner/claimant in MVC No.4283/2013 was riding a motorcycle bearing reg.No.KA-06-ED-1790 with his friend, the petitioner/claimant in MVC No.4284/2013, as pillion rider, on Nelamangala–Sondekoppa road towards Nelamangala, near Habitat Greens, a TATA Ace bearing Reg.No.KA-02-D-340 came from the opposite direction at high speed, driven rashly and negligently in a zig-zag manner and dashed their motorcycle. The claimants sustained grievous injuries and were admitted to

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Mathrushree Hospital, Nelamangala, for a week, incurring expenses of Rs.30,000/- and Rs.60,000/- respectively towards treatment and related costs.

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At the time of the accident, the claimant in MVC No.4283/2013 was 36 years old, employed as a Tailor at Karle Garment Factory earning Rs.7,000/- per month, while the claimant in MVC No.4284/2013 was 42 years old, working as a Coolie earning Rs.8,000/- per month. Both were healthy before the accident but have since suffered mental shock, agony, and loss of earning capacity due to the injuries. The accident occurred solely due to the rash and negligent driving of the TATA Ace driver.

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Per contra the respondent No.1 denied all allegations but admitted issuing insurance policy No.67160031120100005903 for the TATA Ace bearing Reg.No.KA-02-D-340 valid from 08.09.2012 to 07.09.2013, subject to policy terms under the MV Act, and the driver as holding a valid licence. It was contended that the vehicle’s fitness certificate had expired on the date of

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accident and was renewed only afterwards, and that it had no valid permit to ply, absolving the insurer of liability. It was also alleged that the claimant was riding the motorcycle without a driving license. The compensation claimed was exorbitant.

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In order to substantiate their case, both the claimants got examined as PW-1 and PW-2 and got documents marked as per Exs.P1 to P28. On the other hand, respondent No.1 examined its Assistant Legal Manager as RW-1 and Senior IMV RTO as RW-2 and got marked documents at Exs.R1 to R6.

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On careful perusal of the oral and documentary evidence, the learned Tribunal awarded Rs.75,000/- to the claimant in MVC No.4283/2013 and Rs.2,50,000/- to the claimant in MVC No.4284/2013.

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The learned counsel appearing for the appellant in MFA No.5394/2013 the Tribunal erred in awarding compensation under various heads without proper evidence under all the heads. The claimant having

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sustained only two simple injuries, failed to prove occupation, income, disability or medical expenditure through acceptable evidence. Hence, the total compensation of Rs.75,000/- awarded is highly exorbitant.

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The learned counsel appearing for the appellant in MFA No.5393/2013 would contend that the Tribunal erred in awarding compensation under various heads without proper medical or documentary evidence. The medical records reveal no fractures or organ impairment, and the claimant failed to examine the doctor or establish any permanent disability. The claimant was treated as an inpatient for only three days and continued his employment without loss of income. Hence, the total compensation of Rs.2,50,000/awarded is highly exorbitant.

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Learned counsel for Respondent No.1 submits

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that the Judgment and Award passed by the Tribunal is just and proper and requires no interference.

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Heard learned counsel appearing for the

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appellant as well as Respondent No.1 and perused the records.

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Out of total compensation awarded, 50% of the compensation has been deposited before this Court by the appellant as directed by this Court on 23.07.2015.

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On perusal of the impugned Judgment and Award and the material available on record, this Court is of the considered opinion that the compensation of Rs.75,000/along with interest at the rate of 8% p.a., awarded by the Tribunal in MFA No.5394/2015 (MVC No.4283/2013) and the compensation of Rs.2,50,000/- along with interest at the rate of 8% p.a., awarded by the Tribunal in MFA No.5393/2015 (MVC No.4284/2013) are just and proper.

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