Sri. Narayanaswamy Vs Sri. Thousif

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NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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MISCELLANEOUS FIRST APPEAL NO.7631 OF 2017(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4 OF 2017 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5 OF 2017 (MV-I)

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IN MFA No. 7631 OF 2017:

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BETWEEN:

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SRI. NARAYANASWAMY, S/O SRI. VENKATAGIRIYAPPA, AGED ABOUT 59 YEARS, R/AT PADAVAGODU VILLAGE, SAGAR TALUK, SHIVAMOGGA DISTRICT-577 401.

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…APPELLANT

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(BY SRI. BHAT GANAPATHY NARAYAN, ADVOCATE)

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Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. THOUSIF S/O SRI. SAB JAN SAB, R/AT NAGUNDA VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT-581 111.

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SRI. THIMMANAKATTE SAB JAN SAB S/O SRI. HAYATH SAB, R/AT NAGUNDA VILLAGE, HIREKERUR TALUK HAVERI DISTRICT-581 111.

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NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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THE NEW INDIA ASSURANCE COMPANY LIMITED, SHIVAMOGGA BRANCH, SHIVAMOGGA-577 201. REPRESENTED BY ITS BRANCH MANAGER, INSURER OF VEHICLE BEARING REGISTRATION NO. KA- 14/A- 7531.

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…RESPONDENTS

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(BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE FOR R3; R1 AND R2 ARE SERVED)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016 PASSED IN MVC NO.465/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC & MEMBER, ADDITIONAL MACT-9, SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 4 OF 2017:

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BETWEEN:

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THE NEW INDIA ASSURANCE CO. LTD., SHIVAMOGGA, BY ITS BRANCH MANAGER, INSURER OF VEHICLE BEARING REGN NO. KA-14A 7531. REPRESENTED BY THE MANAGER, THE NEW INDIA ASSURANCE CO LTD., BANGALORE REGIONAL OFFICE - 670 000, MOTOR THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE - 560 001.

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...APPELLANT

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(BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE)

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3 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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AND:

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SRI. A.V. LAXMINARAYANA, S/O. VENKATAGIRIYAPPA, 66 YEARS, RESIDING AT AMACHI VILLAGE - 607 637. SORABA TALUK, SHIVAMOGGA DISTRICT.

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SRI THOUSIF, S/O SAB JAN SAB, AGED ABOUT 23 YEARS, RESIDING AT NAGUNDA VILLAGE, HIREKERUR TALUK - 581 111 (D.L. NO. KA17/20110022745) DRIVER OF VEHICLE BEARING REGN NO. KA 14A 7531.

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SRI THIMMANAKATTE SAB JAN SAB, S/O HAYATH SAB, AGED ABOUT 55 YEARS, R/AT NAGUNDA VILLAGE, HIREKERUR TALUK - 581 111 OWNER OF VEHICLE BEARING REGN. NO. KA 14 A 7531

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THE NEW INDIA ASSURANCE CO. LTD., M.G.ROAD, FORT MUMBAI - 400 001, BY ITS BRANCH MANAGER. (NOTICE TO R1 AND R2 ARE HELD SUFFICIENT, V/O. DATED 15.04.2024, R3 IS SERVED; NOTICE TO R4 IS DISPENSED WITH, V/O. DATED 29.07.2019)

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...RESPONDENTS

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016 PASSED IN MVC

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NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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NO.464/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND MEMBER, ADDITIONAL MACT-9, SAGAR, AWARDING COMPENSATION OF RS.65,450/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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IN MFA NO. 5 OF 2017:

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BETWEEN:

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THE NEW INDIA ASSURANCE CO. LTD., SHIVAMOGGA, BY ITS BRANCH MANAGER, INSURER OF VEHICLE BEARING REGN NO. KA-14-A 7531, REPRESENTED BY THE MANAGER, THE NEW INDIA ASSURANCE CO. LTD, BANGALROE REGIONAL OFFICE- 670 000, MOTOR THIRD PARTY CLAIMS HUB, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE - 560 001.

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...APPELLANT

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(BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE)

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AND:

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SRI. NARAYANASWAMY, S/O. VENKATAGIRIYAPPA, 59 YEARS, RESIDING AT PADAVAGODU VILLAGE - 577434. SAGAR TALUK, SHIVAMOGGA DISTRICT.

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SRI. THOUSIF S/O. SAB JAN SAB, AGED ABOUT 24 YEARS, RESIDING AT NAGUNDA VILLAGE, HIREKERUR TALUK - 581 111, (D.L. NO. KA 17/20110022745) DRIVER OF VEHICLE BEARING REGN NO. KA 14 A 7531.

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5 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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SRI. THIMMANAKATE SAB JAN SAB, S/O. HAYATH SAB, AGED ABOUT 55 YEARS, RESIDING AT NAGUNDA VILLAGE, HIREKERUR TALUK - 581 111, OWNER OF VEHICLE BEARING REGN NO. KA 14 A 7531.

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THE NEW INDIA ASSURANCE CO. LTD., M. G. ROAD, FORT MUMBAI - 400 001. BY ITS BARNCH MANAGER, INSURER OF THE VEHICLE BEARING, REG NO. KA 14 A 7531.

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...RESPONDENTS

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(BY SRI. BHAT GANAPATHY NARAYAN, ADVOCATE FOR R1; NOTICE TO R2 IS HELD SUFFICIENT, V/O. DATED 15.04.2024, R3 IS SERVED; NOTICE TO R4 IS DISPENSED WITH, V/O. DATED 19.07.2018)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016 PASSED IN MVC NO.465/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MEMBER, ADDITIONAL MACT-9, SAGAR, AWARDING COMPENSATION OF RS.3,62,320/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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THESE APPEALS, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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6 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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ORAL JUDGMENT

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MFA No.7631/2017 is filed by the claimant in MVC No.465/2012 which stood pending on the file of Additional Motor Accident Claims Tribunal-9, Sagar and was disposed of through order dated 02.09.2016, seeking enhancement of compensation. MFA No.5/2017 is filed challenging the same order by the Insurance Company contending that it is not liable to pay compensation.

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MFA No.4/2017 is filed by very same Insurance Company who filed MFA No.5/2017. However, disputing its liability to pay compensation to the claimant in MVC No.464/2012 which was disposed of by the same Tribunal through order dated 02.09.2016.

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Heard Sri.Ganapathi Bhat learned counsel for the appellant in MFA No.7631/2017, who also represented respondent No.1 in MFA No.5/2017. Also heard Sri.S.V.Sudhakar Reddy who represented the appellant in MFA

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No.4/2017 and MFA No.5/2017 who also represented respondent No.3 in MFA No.7631/2017.

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NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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The matrix of the case as projected by the claimants in MVC No.464/2012 and MVC No.465/2012 is that on 19.11.2011, while they were proceeding in a Maruthi Swift Car bearing registration No.KA14/N-4169, a Tata Ace passenger vehicle bearing registration No.KA-14/A-7531 approached their car from opposite direction, driven by its driver in a rash and negligent manner and dashed against their car, due to which car went and hit a tree and thus, they sustained injuries.

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Sri.S.V.Sudhakar Reddy learned counsel who represented the Insurance Company in all the three appeals made his submission that MFA No.4/2017 and MFA No.5/2017 were filed by the Insurance Company disputing its liability to pay compensation to the claimants therein on the ground that the driver of the offending vehicle was not holding valid and effective driving license as on the date of accident. Learned counsel submitted that in the light of the recent rulings of the Hon'ble Apex Court, the said ground cannot be established before this Court and thus, both the appeals i.e., MFA No.4/2017 and MFA No.5/2017 may accordingly be disposed of so far as the plea regarding liability is concerned.

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8 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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Sri.S.V.Sudhakar Reddy also submitted that another ground urged in MFA No.5/2017 is with regard to the amount that is awarded as compensation. Learned counsel submitted that while granting medical expenses to a tune of Rs.1,50,000/-, the Tribunal added the sum mentioned in advanced bills also.

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As per the version of the claimant, he incurred Rs.3,00,000/towards medical expenses. However, the Tribunal making strict scrutiny of the bills produced, awarded a sum of Rs.1,50,000/- only under the head medical expenses. The reasoning given at para 13 of the impugned order is convincing. Therefore, this Court is of the view that the Tribunal did not err in awarding Rs.1,50,000/- as compensation towards the medical expenses incurred. Also, the sum that is awarded as compensation under all other heads is also reasonable. Therefore, this Court is of the view that there are no grounds to reduce the sum that is awarded as compensation to the claimant in MVC No.465/2012, basing on which MFA No.5/2017 is filed.

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9 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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Coming to the appeal in MFA No.7631/2017, as earlier indicated, this is filed by the claimant in MVC No.465/2012 seeking enhancement of compensation.

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The submission that was made by Sri.Ganapathi Bhat learned counsel for the appellant is that the Tribunal went wrong in assessing the income of the appellant by the date of accident. Learned counsel submitted that the appellant, as an agriculturist and by doing Ginger and Areca business, was earning Rs.50,000/- per month by the date of accident. Learned counsel further submitted that the compensation granted under all other heads is also on lower side.

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By all the evidence produced, the appellant succeeded in establishing that he sustained dislocation of left hip joint. However, the appellant failed to produce any proof with regard to his occupation and earnings by the date of accident as a businessman. Likewise, the appellant also did not produce any proof to show that he was holding agricultural land by the date of accident and was cultivating the same. The Tribunal through the impugned order awarded a sum of Rs.30,000/- under the head pain and suffering, Rs.1,50,000/-

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10 - NC: 2025:KHC:7568 MFA No. 7631 of 2017 C/W MFA No. 4 of 2017 MFA No. 5 of 2017

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towards medical expenses, Rs.50,000/towards travel expenses and special diet, Rs.32,000/- towards loss of earning during the period of treatment and Rs.1,00,320/- towards loss of future earnings. In total, the Tribunal awarded a sum of Rs.3,62,320/- as compensation. Admittedly, the accident occurred in the year 2011. For the relevant period, the compensation that is granted by the Tribunal under each head is highly justifiable. The Tribunal has given just and convincing reasoning as to why it came to a conclusion to award such sum under each head. Therefore, this Court is of the view that there are no grounds to interfere with the well reasoned order of the Tribunal. Thus, in the light of the forgoing discussion, the following:

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ORDER

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(i) All the three appeals stands dismissed without costs.

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(ii) Amount, if any, in deposit be transmitted to the concerned Tribunal immediately.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 41

Sri. Narayanaswamy v. Sri. Thousif

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Sri. Narayanaswamy v. Sri. Thousif

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