IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.892/2013 (MV) BETWEEN:
DR. PRASHANTH NARAYAN DIXIT S/O SRI NARAYAN DIXIT AGED ABOUT 37 YEARS R/AT D NO.2-89/7-1 “MATRU KRIPA” GANDHINAGAR, KAVOOR MANGALORE-575015.
(BY SRI.K RANJAN KUMAR, ADV.) AND:
1. MR. DINESH POOJARY S/O KESHAVA POOJARY AGED ABOUT 32 YEARS R/AT DOOR NO.9-102 GURUPRASAD LANE NEKKARE MARG, GORIGUDDE MANGALORE-575003.
2. THE MANAGER THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE CENTENARY BUILDING, II FLOOR GANAPATHY HIGH SCHOOL ROAD MANGALORE-575001.
(BY SRI K.S. LAKSHMINARASAPPA, ADV. FOR SRI B C SEETHARAMA RAO, ADV. FOR R2 R1- SERVED & UNREPRESENTED) ...APPELLANT …RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09.2012 PASSED IN MVC NO.376/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant/claimant being satisfied with the quantum of compensation awarded towards vehicle damages under judgment and award dated 21.09.2012 in MVC No.376/2011 on the file of Principal Senior Civil Judge and Member, MACT, Mangalore, is in appeal.
2. The accident occurred on 12.02.2011 involving Car bearing No.KA.19.MA.5700 and Car bearing
appeal. The claimant’s appeal is for enhancement of compensation towards damages caused to the Car.
3. Heard the learned counsel for the appellant and learned counsel for the 2nd respondent - Insurer. Perused the entire material on record.
4. The learned counsel for the appellant would submit that the claimant examined PW.2 – the Mechanic of the Garage in which he got the car repaired, in support of the damage caused to the Car. He further submits that the claimant placed on record Exs.P6 and P7 amounting to Rs.16,011/- dated 26.02.2011. Ex.P5 is the estimation given by the Automobile Garriage in which the car was got repaired. The Tribunal without appreciating the material on record, awarded compensation of Rs.8,000/- towards the vehicle damage which requires to be enhanced as claimed in Ex.P6 – the Bill.
5. Per contra, the learned counsel for the 2nd respondent – Insurance Company submits that the Insurer’s liability is restricted to Rs.6,000/- as against third party vehicle damage under Section 147(2)(b) of the Motor Vehicles Act, 1988. Thus he prays for dismissal of the appeal.
6. Having heard the learned counsels for the parties and on perusal of the material on record, the only point that arise for consideration is as to “Whether the claimant would be entitled for enhancement of compensation towards vehicle damages, in the facts and circumstances of the case ?” Answer to the said point is partly in the affirmative for the following reason :
The claimants Car bearing Reg. No.KA.19.MA.5700 sustained damages due to the accident involving the other Car bearing Reg.No.KA.19.M.4360 and the accidental damages are not in dispute in this appeal. The claimant examined PW.2 – the Mechanic, in which the claimant got his car repaired, states about the damages caused and the repair carried on to the vehicle in question. Ex.P.5 estimation dated 21.02.2011 would show the amount required for the repair as Rs.20,053/-. Ex.P6 is the Bill towards the repair and a sum of Rs.16,011/- is paid by the claimant towards the repairs charges. There is no reason to discard Ex.P6 which is supported by PW.2. Thus I am of the view, that the claimant would be entitled to a sum of Rs.16,011/- towards repair charges of the vehicle incurred by the claimant. The respondents 1 and 2 are jointly and severally held liable to pay the compensation, whereas the respondent No.2 – Insurer of the offending vehicle’s liablity is restricted to Rs.6,000/- with proportionate interest. The balance of Rs.8,011/- with proportionate interest be deposited by respondent No.1.
7. Accordingly, the appeal is allowed in part. The impugned judgment and award is modified and the claimant is entitled to balance compensation in a sum of Rs.8,011/- with proportionate interest in addition to Rs.8,000/- awarded by the Tribunal with interest at 6% p.a. from the date of petition till the date of realization.
Sd/- JUDGE NG* CT:bms