IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO MISCELLANEOUS FIRST APPEAL NO.6543/2019 BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED NO.1 AND 2, 2ND FLOOR 1ST CROSS, SIDDAPURA OPP: 9TH CROSS WILSON GARDEN HOSUR ROAD BENGALURU – 560 027 ALSO AT ORIENTAL INSURANCE COMPANY LIMITED TP HUB, REGIONAL OFFICE LEO SHOPPING COMPLEX NO.44/46, RESIDENCY ROAD CROSS BENGALURU – 560 025 NOW REPRESENTED BY MANAGER LEGAL ...APPELLANTS (BY SRI ASHOK N.PATIL, ADVOCATE) AND:
1. HANUMAMMA W/O. SHANKARAPPA AGED ABOUT 47 YEARS 2. SHANKARAPPA S/O. LATE NANJAPPA AGED ABOUT 52 YEARS BOTH ARE R/AT KOTENINGAIAHNAPALYA KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT 3. VENKATESHA S/O. NAGANNA AGED ABOUT 30 YEARS R/A MALLAGHATTA, WARD NO.2 KUNIGAL TOWN TUMAKURU DISTRICT ...RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 03.06.2019 PASSED BY THE COURT OF I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU IN MVC.NO.5710/2017.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is directed against the judgment and award dated 03.06.2019 passed by the Court of I Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru in MVC.No.5710/2017, whereby the Tribunal has awarded the compensation of Rs.12,64,570/- with interest @ 9% p.a.
2. Being aggrieved by the said judgment and award , the Insurance Company has come up in this appeal.
3. The brief facts of the case is as under:
That on 10.12.2016 at about 10.30 p.m. one, Ramesh was traveling towards Kunigal from Tumkur as a pillion rider in bike bearing registration No.KA-06-ET-8787 along with rider Venkatesha. When they reached Hebbur village, the rider of the said motor cycle drove the same in a rash and negligent manner and caused the accident. Due to which, the pillion rider sustained grievous injuries and succumbed to the same. It is stated in the claim petition that he was doing electrical work and earning more than Rs.600 per day.
4. Sri Ashok N. Patil, learned counsel for the appellant- Insurance Company submits that the injured had consumed alcohol and was not wearing helmet at the time of accident. However, the accident was caused due to negligence on the part of the injured. The allegation is not against the rider of the motor cycle. He also submits that the deceased himself was riding the vehicle and he was falsely narrated as pillion rider.
5. As per the submission made by the learned counsel, in MLC copy, the reference was made about the alleged fall and the alcohol consumption. However, the same is not corroborated by any acceptable proof. Moreover, the registration of FIR under Section 155 of Cr.P.C. or the final report under Section 173 of Cr.P.C. or taking of cognizance under Section 190 of Cr.P.C. are questioned. The Tribunal considering the income of the deceased at Rs.8,000/- has rightly awarded the total compensation and the same does not warrant interference. Accordingly, the appeal is rejected.
The amount deposited before this Registry is accepted and the same shall be transmitted to the concerned Tribunal.
Since the respondents have not placed appearance, the Registry to inform the jurisdictional Taluk Legal Services Authority to follow up the case in informing the respondents- claimants and to assist them in receiving the compensation as per the order.
Sd/- JUDGE LB