IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL No.5069/2019 (MV) BETWEEN:
The Claim Manager National Insurance Co. Ltd., Ganesh Buildings, 2nd Floor Bantwal Cross Road, Bantwal Taluk, Dakshina Kannada District by Regional Office, Subharam Complex 144, M G Road, Bangalore-560001 By its Manager. .. Appellant (By Sri O Mahesh, Advocate) AND:
1. Venkatramana, Age 39 year s/o Shreedhara Gowda R/a Bandadka House Dalampady, Kasargod Kerala – 410 102 Represented by his wife and Guardian Shreemathi B w/o Venkatramana Age 33 year, r/a Bandadka House, Dalampady, Dasaragod Kerala – 410 102.
2. Zubir, Aged 31 year, s/o Mohammad r/a Kolenjikodi House, Duggaladka Post, Sullia, Kasaba Village, Sullia Taluk, Dakshina Kannda – 575114... Respondents This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 30.1.2019 passed in MVC No.516/2014 on the file of the Senior Civil Judge & JMFC, MACT, Sullia, D K, awarding compensation of Rs.6,54,673/- with interest @ 6% p.a. from the date of petition till the date of payment.
This MFA coming on for admission this day, the Court delivered the following:
JUDGMENT Though the matter is posted for admission, having regard to the facts and circumstances of the case, it is taken up for consideration.
2. This appeal is directed against the judgment and award dated 30.1.2019 passed in MVC No.516/2014 on the file of the Senior Civil Judge & JMFC, MACT, Sullia, D K, wherein the claim petition came to be allowed in part granting an amount of Rs.6,54,673/- as compensation together with interest at the rate of 6% p.a. from the date of petition till realization.
3. The road traffic accident stated to have occurred on 23.2.2013 at about 4.30 p.m. when the claimant, Venkatramana, was walking by the side of Mani-Sullia-Mysore State Highway No.88 at a place called Srirampete of Sullia town for purchasing vegetables and when he reached near Dwaraka Hotel, an Auto Rickshaw bearing Regn. No.KA-21-A-5489, which was driven in a rash and negligent manner and dashed against the claimant, because of which, he fell down and sustained injuries including abrasion right wrist, left leg and ankle, abraded contusion left thigh, lacerated wound, bone deep and head, ear, perifocal edema.
4. Due to the said injuries, he was taken to Government Hospital at Sullia and after providing first aid, he was taken to A.J. Hospital, Mangalore. He claims to have spent more than Rs.5 lakhs towards medical expenses, Rs.25,000/- towards traveling expenses and Rs.25,000/- towards food and other incidental expenses. He was admitted in the hospital as inpatient from 23.2.2013 to 27.4.2013. Because of the accident, he was not in a position to carry out the work and he requires Rs.3 lakhs for future medical expenses. He is stated to be a pigmy collector and he was earning Rs.25,000/- p.m.
5. Respondents resisted the claim of the petitioner. The learned Member on assessing the disability to an extent of 75% as permanent disability and other relevant facts granted an amount of Rs.10,91,123/-. The same is challenged by the Insurance Company in this appeal.
6. Sri O Mahesh, learned counsel for the appellant/ Insurance Company would submit that the claimant was walking on the highway without any safety measure and due to his negligence, he sustained grievous injuries. Hence, he is not liable for compensation.
7. It is necessary to mention that the vehicle involved in the accident was insured with the appellant/Insurance Company and there is no material to state that he was walking without safety measure on State Highway No.88. The appellant/ Insurance Company has not mentioned neither source of such information nor the safety measure. The Insurance Company appears to have objected for the sake of objection without there being any substance in it. Compensation granted by the learned Member is as under:
A. Towards medical expenses - Rs.3,49,423-00 B. Pain and agony - Rs.1,00,000-00 C. Towards food - Rs. 31,800-00 D. Conveyance - Rs. 2,000-00 E. Attendant charges - Rs. 15,900-00 F. Loss of income during Treatment - Rs. 16,000-00 G. Loss due to disability - Rs. 5,76,000-00 - Rs.10,91,123-00 8. Further, learned counsel for the appellant would submit that the driver had no valid driving license to drive the autorickshaw. The Insurance Company has not examined the RTO. It is necessary to place on record the RTO of the particular division cannot give details as to whether the person possessed the DL, because it is not particular region to authorize to issue. The other ground regarding non-impleading of driver is concerned, I find no substance in the same.
9. In the circumstances, I find the appeal is devoid of merit and does not require further proceeding and it is liable to be rejected at this stage itself. Hence, the appeal is dismissed.
The appellant/Insurance Company is hereby directed to deposit the compensation amount within a period of four weeks from the date of receipt of the copy of the order.
The amount deposited, if any, shall be transmitted to the Tribunal forthwith.
Sd/- JUDGE Bkm