Sri Sridhar P S Vs Sri M v Narayanaswamy

THE MANAGER THE SRIRAM GENERAL INSURANCE CO. LTD. 3RD FLOOR S7S CORNER BUILDING OPPOSITE BOWRING AND LADY CURZON HOSPITAL SHIVAJINAGAR BANGALORE-560001.

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…RESPONDENTS

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(BY SRI. B PRADEEP, ADVOCATE FOR R2 V/O DATED 16/12/22 NOTICE TO R1 D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2021 PASSED IN MVC NO. 2319/2019 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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2 - NC: 2025:KHC:31262 MFA No. 6924 of 2021

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HC-KAR

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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Aggrieved by the award passed in MVC.No.2319/2019 dated 20.03.2021 by the Principal Motor Accident Claims Tribunal and Chief Judge, Bengaluru (S.C.C.H-1) whereby the Tribunal has granted an amount Rs.2,80,000/- as damages to the vehicle. The owner of the vehicle is before this Court.

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The petition is filed seeking compensation of an amount Rs.7,50,000/- for the damage caused to the Swift car bearing No.KA-05-MM-1442 in the road traffic accident.

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It is the case of the owner of the vehicle that on 27.01.2019 when he was going to his village at about 06.00 p.m. a tempo bearing No.KA-07-A-1896 came from the opposite direction in high speed and in a rash and negligent manner and came in the wrong side of the road and dashed against the car. Due to that the car was extensively damaged. As per the IMV report the front bumper, radiator grill, front

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3 - NC: 2025:KHC:31262 MFA No. 6924 of 2021

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HC-KAR

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window glass both side, front fenders, front registration number plate, bonnet pressed, left side mirror, roof top front near glass post, front door pressed, right side of the rear bumper, rear windshield glass tail gate door, rear right side tail lamp, both side ear quarter panel, right side quarter panel glass damaged. Radiator and AC condenser found damaged.

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In support of his case, he had spent amount towards the repair of the vehicle. He had examined the Technical Manager of Kalyani Motors as PW.2. Produced the estimation of damages for an amount of Rs.5,33,034/- as per Ex.P.11 and final bill for Rs.4,77,396/-. PW.2 has admitted in the cross examination that the documents produced do not contain the gate pass and as such they do not pertain to their Service Center. The Tribunal has also observed that Ex.P11 and Ex.P12 do not contain the seal of the Service Center and PW.2 has not produced any documents to show payment receipt of the amount of Rs.4,77,396/-. Further, the Tribunal has also observed that the RW.1/Claims Service Manager of Tata Aig General Insurance Company Ltd., has produced the insurance policy of the car at Ex.R1 and stated that the insured declared

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HC-KAR

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value is Rs,2,80,000/- and that no claim has been registered for own vehicle damage and if any claim is registered, the insured will be given the maximum liability i.e. the vehicle declared value only. Hence, the Tribunal has awarded an amount of Rs.2,80,000/- towards damages.

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The claimant has stated that because the car is damaged, he is using the taxi by paying an amount of Rs.1,000/- per day to attend his business. Even in that regard also the Tribunal was not satisfied and granted compensation of an amount of Rs.2,80,000/-.

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Learned counsel appearing for the appellant submits that when he has produced the Ex.P11 and Ex.P12 to show that what are the amounts spent by the appellant for the damages of the vehicle for repairing the vehicle, the Tribunal without considering the same had granted only an amount of Rs.2,80,000/-. It is submitted that the Tribunal ought to have considered the evidence on record and ought to have granted the amount as claimed by the appellant.

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HC-KAR

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Learned counsel appearing for the Insurance Company submits the Tribunal basing on record and basing on the evidence where the witness has not supported the case of the claimant had rightly granted an amount of Rs.2,80,000/- and there are no grounds to interfere.

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Having heard the counsels on either side, perused the entire material on record. According to the claimant, he is seeking compensation of an amount of Rs.7,50,000/-. The burden lies on the claimant to prove that he has spent the said amount and he is entitled for the compensation. In support of his case, he has placed Ex.P11 and Ex.P12 and also he has examined PW.2. When the entire case rests on the evidence of PW.2, and when PW.2 has given evidence that Ex.P11 and Ex.P12 do not contain the seal of the Service Center and they do not pertain to their Service Center, the petitioner has not been able to prove his claim by any other evidence. In those circumstances, the Tribunal had rightly considered the evidence and basing on Ex.R1 rightly granted an amount of Rs.2,80,000/-.

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HC-KAR

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When it comes to the parking charges by engaging the taxi for Rs.1,000/- per day. The Tribunal has not granted any amount on the ground that no receipts were placed before the Tribunal. Considering the damages to the vehicle and the fact that when the owner is using the vehicle and as the same is damaged and for his transportation he has to use some other vehicle, though there is no evidence, this Court is inclined to award an amount of Rs.15,000/- towards the same.

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Accordingly, the Appeal is partly allowed by

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granting an amount of Rs.15,000/- towards the parking charges , in addition to an amounts of Rs.2,80,000/- already granted. Accordingly, claimant is entitled for an amount of Rs.2,95,000/- (Rs.2,80,000+Rs.15000) .

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i) The enhanced amount shall carry interest at 6% per annum from the date of appeal till the date of realization.

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ii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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