IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MFA No. 7376/2010(MV) BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD NO.105-A, 107-A, CEARS PLAZA RESIDENCY ROAD, BANGLAORE-25 REPRESENTED BY ITS ASSISTANT VICE PRESIDENT (CLAIMS).
... APPELLANT (BY SMT.H.R. RENUKA, ADV.) AND 1. DR R PRASANNA KUMAR S/O S. RAMEGOWDA AGED ABOUT 47 YEARS R/O 81/4, I FLOOR GOVINDAPPA ROAD BASAVANAGUDI BANGALORE.
2. H.T. NAGARAJU, S/O THIMMARAYAPPA AGED ABOUT 50 YEARS R/O VEMGAL VILLAGE AND POST KOLAR TALUK.
... RESPONDENTS (BY SRI.N.V. MANJUNATH, ADV. FOR R1, V/O DATED: 20.08.2015 SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.03.2010 PASSED IN MVC NO.2285/2008 ON THE FILE OF THE VII ADDITIONAL JUDGE, MEMBER MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF Rs.4,32,428/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant-Insurance Company challenging the judgment and award dated 18.3.2010 passed by the MACT, Court of Small Causes (SCCH-3), Bangalore in MVC 2285/2008.
2. Brief facts of the case:
On 22.10.2007 at about 4.30 p.m. when the claimant was proceeding towards Vemgal Village, from Madderi Village on Hero Honda Passion motorcycle bearing Registration No.KA-07-K-6032 as a pillion rider on the left side of the road, when they reached near Veerapura Village, the driver of the autorickshaw bearing Registration No.KA-07-6925 came from opposite side in a rash and negligent manner and dashed against the motorcycle. As a result, he fell down and sustained injuries and immediately he was shifted to the Amulya Orthopedic hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1, and Dr.Sunil Kumar, as PW-2, and submitted 15 documents. On the other hand, the Insurance Company examined two witnesses as RWs-1 & 2 and produced 7 documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.4,32,428/- with interest at 6% p.a. and directed the Insurance Company to pay compensation to the claimant. Being aggrieved by the same, the present appeal is filed by the Insurance Company.
3. The learned counsel for the Insurance Company submits that as on the date of accident, Sri.H.T.Nagaraju, the owner of the vehicle himself was driving the vehicle and he was not having valid driving license and it is not Mr.Amarnath, who is charge sheeted. Hence, he sough for dismissal of the appeal.
4. Per contra, the learned counsel for the claimant submits that as on the date of accident, the autorickshaw was driven by Mr. Amarnath and not the respondent No.1-Mr.H.T.Nagaraju. The Tribunal on oral appreciation of the evidence of RW-1 and other documents has rightly held that the autorickshaw was driven by Mr.Amarnath, who is charge sheeted. Hence, he sought for dismissal of the appeal.
5. Heard the learned counsel for the parties.
Perused the records.
6. It is not in dispute that on 22.10.2007, the claimant sustained injuries in a road traffic accident occurred due to the rash and negligent manner driving of the autorickshaw bearing Registration No.KA-07- 6925. The claimant examined as PW-1 has specifically stated that the vehicle was driven by Mr.Amarnath and he was driving the vehicle in a rash and negligent manner and dashed against his motorcycle. Due to the said impact, he sustained injuries. In support of his case, he has produced, FIR, Mahazar, Sketch and charge sheet at Exs.P-1 to 4 and 5. These documents very clearly shows that the vehicle was driven by Mr.Amarnath and not by respondent No.1, owner of the vehicle.
7. On the basis of the oral and documentary evidence, the Tribunal has rightly held that the autorickshaw bearing Registration No.KA-07-6925 was driven by Mr.Amarnath and that the Insurance Company is liable to pay compensation to the claimant. I do not find any error or infirmity in the finding of the Tribunal.
8. Accordingly, the appeal is dismissed.
9. Amount in deposit is ordered to be transmitted to the Tribunal for disbursement.
10. The Insurance Company is directed to deposit, with the Tribunal, the entire compensation amount, along with an interest @ 6% per annum, 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 the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the Tribunal after verifying his identity.
11. In view of dismissal of the appeal, Misc.Cvl.No.14123/2010 does not survive for consideration and accordingly, it is dismissed.
Sd/- JUDGE DM