IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.3899/2019 C/W M.F.A.No.3900/2019(MV) IN MFA No.3899/2019:
BETWEEN:
SUDARSHAN REDDY S/O GOPAL REDDY AGED ABOUT 29 YEARS R/O HAILKA BOMMAKKANAHALLI, CHITRADURGA TALUK-577501 ..APPELLANT (BY SRI B PRAMOD, ADVOCATE) AND:
1 . THIPPESWAMY G.K S/O G.K. KALLAPPA OWNER OF MAHINDRA XYLO REG NO.KA 35 M 8659, R/O KALLEDEVARAPURA VILLAGE JAGALURU TALUK, DAVANAGERE DISTRICT- 577528.
2 . BASAVARAJ S/O HAMPANNA POLICY HOLDER OF MAHINDRA XYLO REG. NO.KA 35 M 8659 R/O SIRWAR, MANAVI TALUK, RAICHUR DISTRICT-584129.
3 . BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANAGERE -577002.
4 . G.R. GOPAL REDDY S/O RANGAPPA REDDY AGED ABOUT 56 YEARS, AGRICULTURIST OWNER OF MOTOR CYCLE BEARING REG NO.TP KA-16 TY 26469 R/O BOMMAKKANAHALLI VILLAGE HAIKAL POST CHITRADURGA TALUK AND DISTRICT 577517. ..RESPONDENTS (NOTICE TO R-1, 2 & 4 DISPENSED WITH VIDE ORDER DATED 07.11.2019, SRI B.C.SHIVANNEGOWDA, ADVOCATE FOR SRI A.M.VENKATESH, ADVOCATE FOR R- 3) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2018 PASSED IN MVC NO.739/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA No.3900/2019:
BETWEEN:
SRIDHAR S/O DALAVAI THIPPESWAMY AGED ABOUT 28 YEARS, R/O BOMMAKKANAHALLI, CHITRADURGA TALUK, PIN 577501. ..APPELLANT (BY SRI B PRAMOD, ADVOCATE) AND:
1 . THIPPESWAMY G K S/O G.K. KALLAPPA, OWNER OF MAHINDRA XYLO REG. NO.KA 35 M 8659, R/O KALLEDEVARAPURA VILLAGE JAGALURU TALUK, DAVANGERE DISTRICT-577528.
2 . BASAVARAJ S/O HAMPANNA POLICY HOLDER OF MAHINDRA XYLO REG. NO.KA 35 M 8659 R/O SIRWAR, MANAVI TALUK, RAICHUR DISTRICT -584129.
3 . BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MMK COMPLEX, AKKAMAHADEVI ROAD, P.J. EXTENSION, DAVANGERE -577002 4 . G.R. GOPAL REDDY S/O RANGAPPA REDDY AGED ABOUT 56 YEARS AGRICULTURIST OWNER OF MOTOR CYCLE BEARING REG. NO. TP KA-16 TY 26469 R/O BOMMAKKANAHALLI VILLAGE, HAIKAL POST, CHITRADURGA TALUK AND DISTRICT-577517. ..RESPONDENTS (NOTICE TO R-1, 2 & 4 DISPENSED WITH VIDE ORDER DATED 07.11.2019, SRI B.C.SHIVANNEGOWDA, ADVOCATE FOR SRI A.M.VENKATESH, ADVOCATE FOR R- 3) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2018 PASSED IN MVC NO.740/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for orders on I.A., in the nature and circumstances of the case I.A.1/2019 in both the appeals are allowed. Delay of 53 days in filing the appeals condoned. Appeals are taken up for final disposal.
These are the two appeals directed against the Judgment and award dated 14.11.2018 passed in MVC Nos.739/2016 and 740/2016 wherein claim petitions in respect of road traffic accident came to be allowed in part and compensation of Rs.3,15,000/- and Rs.3,33,600/- together with interest at the rate of 9% p.a. came to be awarded. Being not satisfied with the quantum of compensation petitioners have come in appeal.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The facts leading to the road traffic accident are that on 18.11.2015 at about 7.50 P.M. petitioner in MVC No.739/2016 as rider of motorcycle bearing Engine No.127727 and Chassis No.067149 was moving along with pillion rider petitioner in MVC No.740/2016, when they came near KGN Dhaba NH- 13, Chitradurga Taluk, at that time the driver of Mahindra Xylo bearing registration No.KA-35-M-8659 came in a rash and negligent manner and dashed against the petitioner’s motorcycle because of which petitioner and pillion rider sustained injuries and claim petitions seeking compensation were filed and insurance company resisted the claims.
4. On examining the matter on the relevant aspects of accident dated 18.11.2015 learned Member adjudicated on the basis of oral evidence of PW-1 to PW-4 and documentary evidence Exhibits P-1 to P-22 on behalf of the petitioners and oral evidence of RW-1 on behalf of the insurance company.
5. MFA No.3899/2019 arising out of MVC No.739/2016 by the rider of the motorcycle and MFA No.3900/2019 arising out of MVC No.740/2016 by the pillion rider. Insofar as rider-petitioner in MFA No.3899/2019 stated to have sustained following injuries:
1. Cut lacerated wound + over dorsum of right foot size 6x2 cms 2. Diffused swelling + over the right leg tenderness 3. Complaining of pain over the left shoulder tenderness + feed back of (1) X- ray of right leg AP/lat-view –fracture of both bones of right leg (2) Right foot – AP/oblique fracture of 2nd, 3rd and 4th metatarsal bones are seen (3) X-ray of shoulder AP view reveals that the anterior dislocation of left shoulder is seen.
and insofar as petitioner-pillion rider in MFA No.3900/2019 is stated to have sustained following injuries:
1) Cut lacerated wound over right knee size 6x2 cms, 2) diffused swelling + over the right knee, tenderness+ the feed back –X-ray of right thigh –AP/lat reveals that, comminuted fracture of right femur.
6. Percentage of disability stated to have been sustained by the petitioner in MFA No.3899/2019 is 38.79% to right lower limb and disability considered by the learned Member is 13% and disability stated to have been sustained by the petitioner in MFA No.3900/2019 is 42.39% to right lower limb and disability considered by the Tribunal is 14%. In MFA No.3899/2019 petitioner is stated to be driver and in MFA No.3900/2019 petitioner is stated to be an electrician and agriculturist. Disability and income in each of the cases are as under:
MVC No.739/2016 – Rs.8,000x12x13%x17/100 = Rs.2,12,160/-
MVC No.740/2016 –Rs.7,000x12x14%x18/100 = Rs.2,11,680/-
Compensation awarded in both the cases are as under:
MVC No.739/2016 SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 40,000/-
2. Convenience, nourishment and attendant charges Rs. 2,000/-
3. Medical expenses Rs. 9,900/-
4. Loss of future earning capacity due to disability 5. Loss of amenities and unhappiness 6. Loss of income during laid down period Rs.2,12,160/- Rs. 25,000/- Rs. 16,000/-
7. Future medical expenses Rs. 10,000/- Total Rs.3,15,060/-
MVC No.740/2016
7. Learned counsel for appellant submits that the quantum of compensation is unreasonably on the lower side and it is not in equitable proportion.
8. Learned counsel for respondent-insurance company opposes the same and submits that the present compensation itself is reasonably more.
Considering the injuries and compensation granted and in the context and circumstances of the case, I do not find that there are grounds to continue further proceedings in the appeal as the quantum granted is just and sufficient.
Both the appeals are rejected.
Sd/- JUDGE SBN