IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.3222/2019 C/W M.F.A.No.3223/2019(MV) IN MFA No.3222/2019:
BETWEEN:
THE BRANCH MANAGER M/s.SHRIRAM GENERAL INSURANCE COMPANY LTD., AT SHIVAMOGGA NOW REPRESENTED M/s.SHRIRAM GENERAL INSURANCE COMPANY LTD., No.5/4, 3RD FLOOR, S. V. ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD, IIMB POST, BANGALORE REPTD. BY ITS ASST. MANAGER. ..APPELLANT (BY SRI B C SHIVANNE GOWDA, ADVOCATE) AND:
1. MURALI S/O RAJAPPA NOW AGED ABOUT 32 YEARS, R/AT UMBALEBAILU VILLAGE, NIDHIGE HOBLI SHIVAMOGGA TALUK AND DISTRICT – 577 201.
2 . SANTHOSH S/O PATTASWAMYGOWDA MAJOR, R/AT No.ANKANAIKANAHALLI AREKALAGUDU TALUK HASSAN DISTRICT – 573 102. ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2019 PASSED IN MVC No.745/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-VII SHIVAMOGGA, AWARDING COMPENSATION OF RS.4,25,300/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA No.3223/2019 BETWEEN:
THE BRANCH MANAGER M/s.SHRIRAM GENERAL INSURANCE COMPANY LTD., AT SHIVAMOGGA NOW REPRESENTED M/s. SHRIRAM GENERAL INSURANCE COMPANY LTD., No.5/4 3RD FLOOR S V ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD, IIMB POST BANGALORE REP. BY ITS ASST. MANAGER ..APPELLANT (BY SRI B C SHIVANNE GOWDA, ADVOCATE) AND:
1 . RAGHAVENDRA S/O SUBRAMANYA NOW AGED ABOUT 35 YEARS, R/AT UMBALEBAILU VILLAGE, NIDHIGE HOBLI SHIVAMOGGA TALUK AND DISTRICT-577201 2 . SANTHOSH S/O PATTASWAMYGOWDA MAJOR R/AT ANKANAIKANAHALLI AREKALAGUDU TALUK HASSAN DISTRICT-573102 ..RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.02.2019 PASSED IN MVC No.746/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-VII, SHIVAMOGGA, AWARDING GLOBAL COMPENSATION OF RS.5,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These are the two appeals directed against the Judgment and award dated 06.02.2019 passed in MVC Nos.745/2015 and 746/2015 by the learned I Additional Senior Civil Judge and CJM and Additional MACT-VII, Shivamogga, wherein claim petitions filed under Section 166 of the Motor Vehicles Act came to be allowed in part and compensation of Rs.4,25,300/- is awarded in MVC No.745/2015 and Rs.5,000/- global compensation is awarded in MVC No.746/2015 with interest at the rate of 6% p.a. from the date of petition till deposit came to be granted to the petitioners. Being aggrieved by the said Judgment and award insurance company has preferred these two appeals.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. Facts leading to filing of claim petitions are that on 16.11.2014, petitioner-Murali in MVC No.745/2015 and petitioner-Raghavendra in MVC No.746/2015 along with Manjunatha and Ramesha intended to go to Channarayapatna for purchase of bamboos and accordingly Murali and Raghavendra were going on a motorbike bearing registration No.KA-14-EG-7400. When they were going so, on Holenarasipura Road near Madegowdana Koppalu, a Bolero pick-up vehicle bearing registration No.KA-12-A-2955 driven by respondent No.1 came in a rash and negligent manner and dashed against the motorbike of the petitioners and caused the accident because of which petitioners sustained serious injuries and had to undergo medical treatment.
4. Petitioner in MVC No.745/2015 rider of motorcycle and petitioner in MVC No.746/2015 is the pillion rider. The injuries sustained by the claimant in MVC No.745/2015 are as under:
Fracture of left tibia and fibula bones, fracture of left distal radius, fracture of right femur and fracture of right medial malleous and the C.T.San of the head showed fracture of left frontal lobe SAH and the doctor has opined that all those injuries were grievous injuries.
The injuries sustained by the claimant in MVC No.746/2015 are as under:
Haematoma in the occipital region It is stated as simple injury.
5. Claimant in MVC No.745/2015 has pleaded that he is a road side vendor and was earning Rs.30,000/- per month. However it is considered at Rs.6,000/- per month. The disability assessed by the doctor at 31% and disability considered by the Tribunal at 12% as a result the annual income would be Rs.72,000/- and 12% of the same is 8,640x17 =Rs.1,46,880/- is granted towards loss of future income due to disability. The total compensation granted by the Tribunal is as under:
SL.NO. DESCRIPTION AMOUNT 1. Attendant charges, food and nutritious food and other miscellaneous and conveyance expenses Rs. 25,000/-
2. Pain and suffering Rs. 75,000/-
3. Medical Expenses Rs.1,42,367/-
4. Loss of income during the laid up period 5. Loss of future income due to disability Total Rounded off to Rs. 36,000/- Rs.1,46,880/-
Rs.4,25,247/-
Rs.4,25,300/-
6. Insofar as claim petition in MVC No.746/2015 global compensation of Rs.5,000/- is awarded, considering the injuries that were neither serious nor there was any disability.
7. Learned counsel Sri B.C.Shivanne Gowda appearing for the appellant would submit that the sketch filed by the Investigating Officer speaks about the negligence of the rider of the motorcycle and its location at the time of accident. But learned Member has not considered the negligence of the motorcycle rider. The learned Member has held the negligence on driver of the Bolero vehicle considering registration of criminal case against driver of Bolero vehicle and the impact of the accident.
8. In the circumstances contention of the appellant cannot be concluded exclusively on the sketch. I find there is no lapse or infirmity in considering the negligence of driver of Bolero vehicle.
9. I have no hesitation to observe that reasoning and findings on the given set of facts by the learned Member and Judgment and award in both the cases are neither infirm nor illegal or liable to be set aside.
Both the appeals are liable to be rejected and accordingly they are rejected.
Amount in deposit be transmitted to the Tribunal.
Sd/- JUDGE SBN