IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO M.F.A.No.1084/2014(MV) BETWEEN:
SRI SATHISH A N S/O LATE A NARAYANA RAO AGED ABOUT 45 YEARS JUNIOR ENGINEER MESCOM, QUARTERS No.24 MRS COLONY SHIMOGA – 577 201.
..APPELLANT (BY SRI M V MAHESWARAPPA, ADVOCATE) AND:
1. SRI SURESH M S/O K P MUNISWAMY MAJOR, R/O 2ND CROSS JAIL ROAD, VENKATESHA NAGARA, SHIMOGA – 577 201.
2. SRI JAGADISH S/O SHARANAPPA AGED ABOUT 40 YEARS RESIDING AT NEAR VENKATESHWARA TMEPLE, 2ND CROSS, VENKATESHA NILAYA SHIMOGA – 577 201.
3. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE COMPANY LTD., MALLAPPA COMPLEX B.H.ROAD, SHIMOGA – 577 201.
..RESPONDENTS (BY SRI B S PRASAD, ADVOCATE FOR R1 & 2 SRI LAKSHMINARASAPPA, FOR SRI B C SEETHARAMA RAO, ADVCOATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.08.2012 PASSED IN MVC No.198/2009 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-7, SHIMOGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is directed against the Judgment and award dated 29.08.2012 passed in MVC No.198/2009 by the II Additional Senior Civil Judge and AMACT, Shimoga.
2. Substance of the complaint filed before the Police is that on 08.03.2008 at about 11 a.m.
petitioner was riding his motorcycle bearing Registration No.KA-14-F-7311 to attend his office duty at that time Autorickshaw bearing registration No.KA- 14-A-1561 being driven in a rash and negligent manner from the back side and dashed against motorcycle of petitioner because of which petitioner fell down and sustained grievous injuries and admitted to hospital for treatment.
3. Claim petition was preferred under Section 166 of Motor Vehicles Act seeking compensation of Rs.5,55,000/-.
4. Learned Member considered the matter in connection with accident, negligence of the driver of Autorickshaw, entitlement of compensation and he was accommodated with oral evidence of PW-1- petitioner and PW-2- Doctor and documentary evidence Exhibits P-1 to P-88. On behalf of respondent RW-1 was examined and Exhibits R-1 and R-2 came to be marked. After adjudication, the Tribunal allowed the petition in part and granted compensation of Rs.64,000/- with interest at 6% p.a.
5. The bone of contention between the parties in main has been the nature of endorsement. Injuries suffered by the petitioner as per Exhibit P-6 are:
1. A lacerated wound of 4”x12” bone deep on the L Ten foro Parietal region.
2. A lacerated wound of 2”x1/2”xBone deep on L Teripor-Parietal region.
6. Learned counsel for appellant would submit that the compensation granted is very meager.
7. Learned counsel for respondent-insurance company would submit that there is no liability and also quantum granted is unreasonably high. Learned counsel would submit there are no grievous injuries and those mentioned are simple injuries.
8. There are no pleadings or discussion regarding monthly income or range of disability. However, considering the nature of injuries, I find the learned Member committed an error in ignoring loss of future income. Petitioner is said to be Engineer in MESCOM, Shivamogga. However, it is self serving statement of the claimant in his evidence.
9. It is an ideal case wherein petition should have been disposed by awarding global compensation of Rs.1,20,000/- and there would be enhancement of Rs.56,000/- (Rs.1,20,000-Rs.64,000).
10. Learned counsel for appellant submits that the liability is fastened on the owner and insurance company is exonerated.
11. Considering the present legal position, insurance company is liable to pay compensation amount at the first instance and recover the same from the insured by preferring execution petition without going for another suit.
Hence, the following:
ORDER 1. Appeal is partly allowed.
2. Judgment and award dated 29.08.2012 passed in MVC No.198/2009 by the II Additional Senior Civil Judge and Additional MACT-7 at Shivamogga, is modified by granting enhanced compensation of Rs.56,000/- with interest @ 6% p.a.
3. Insurance company is directed to deposit enhanced compensation amount with interest @ 6% p.a. within four weeks from the date of receipt of certified copy of this order and then recover the same from the insured.
Sd/- JUDGE SBN