IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.6089/2019(MV) BETWEEN:
THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., DRM HOSPITAL COMPLEX HOLALKERE ROAD, CHITRADURGA TOWN.
THROUGH ITS DIVISIONAL OFFICE No.34/3, MMK COMPLEX AKKAMAHADEVI ROAD, P J EXTENSION DAVANAGERE - 577 002 REP. BY ITS DIVISIONAL MANAGER SRI. T.NAGALINGACHARI ..APPELLANT (BY SRI LAKSHMINARASAPPA, ADVOCATE FOR SRI SEETHARAMA RAO B C, ADVOCATE) AND:
1. SRI. CHIDANANDA AGED ABOUT 24 YEARS, S/O SRI SHIVANNA R/O KANIVEJOGIHALLI HOLALKERE TALUK - 577 519.
ALSO AT:
R/O C/O RATHNAMMA W/O SIDDAPPA ANGANAVADI TEACHER, JAMPANNANAHATTI CHITRADURGA TALUK - 577 501.
2 . MR. ZABIULLA MAJOR IN AGE S/O MR. SHEIKAHAMMED RESIDENT OF MAIN ROAD, HIRIYUR TOWN - 577 598 (R.C.OWNER OF BUS BEARING No.KA.16-AF-6489) ..RESPONDENTS THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2019, PASSED IN MVC No.212/2018, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT - III, CHITRADURGA, AWARDING COMPENSATION OF Rs.96,790/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is directed against the Judgment and award dated 01.06.2019 passed in MVC No.212/2018 by the Principal Senior Civil Judge and CJM and Addl.
MACT-III, Chitradurga, wherein claim petition came to be allowed in part and compensation of Rs.96,790/- with interest at the rate of 8% p.a. from the date of petition till the date of realisation came to be granted to the petitioner. Being aggrieved by the said Judgment and award insurance company has preferred this appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The matter pertains to a road traffic accident on 02.10.2017 at about 3.00 P.M. petitioner was proceeding in a motorcycle bearing No.KA-16/ED- 5310 as a pillion rider from Jodisringapura Gollarahatti to Chittaiahnahatti. When the said vehicle came near Jodisrirampura, Gollarahatti gate, Hosadurga Taluk, Chitradurga District, at that time, driver of bus bearing registration No.KA-01/AF-6489 drove the same in a rash and negligent manner and suddenly applied the brake, as such the rider of the motorcycle dashed to the hind portion of the said bus and caused the accident. Resulting which the petitioner sustained mild head injury.
4. Petitioner deposed that he has sustained mild head injury, pneumocephalus, soft tissue injury and other blood injuries all over the body. As per Exhibit P-6-Wound certificate, petitioner sustained following injuries: 1. 1x4 cm size abrasion present over the right inprasbited region. 2. 3x2 cm size abrasion present over the medial aspect of right foot. Doctor has opined that said injuries are simple in nature.
5. Compensation granted by the Tribunal is as under:
6. Learned counsel for appellant would submit that the compensation granted is on the higher side. Learned counsel for appellant submits that the mode of negligence, number of persons traveling on the motorcycle reflects negligence was more on the rider of the motorcycle. Learned counsel for appellant would submit that the liability on the basis of negligence to the tune of 80% is excessive.
7. On a cursory glance of the compensation granted I find an amount of Rs.50,987/- is granted under medical expenses. The fact of accident and sustaining of injuries not disputed. However learned counsel for appellant submits that there is no proper appropriation of negligence. I find the saddling of liability to an extent of 80% on the appellant is not excessive or disproportionate. I find that the apportionment made by the learned Member appears to be fair and acceptable on considering the motor vehicle accident, its impact and the nature of the vehicle.
8. I find no further proceedings are needed.
Compensation granted by the learned Member is just and fair. It does not require interference. I do not find materials corroborative or justifying submission being present or agitated before the Tribunal or placed before the Tribunal. Saddling of the liability to an extent of 80% on the insurance company is confirmed.
Appeal is liable to be rejected and accordingly it is rejected.
Sd/- JUDGE SBN