IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.10324 OF 2012 (MV) BETWEEN:
SHRI. VENKATESH S/O GIRIYAPPA, AGED ABOUT 46 YEARS, R/A HARIJANA COLONY, YELLAMMA TEMPLE STREET, KANAKAPURA TOWN, RAMANAGARA DIST. ... APPELLANT (By Sri.H.D.LINGARAJU, ADVOCATE) AND 1. SIDDAPPAJI S/O GANAGAIAH MAJOR R/A KENCHANAKUPPE VILLAGE, BIDADI HOBALI RAMANAGARA TALUK & DIST 2. M/S IFFCO TOKIO GENERAL INSURANCE CO.LTD.
NO. 41, IIND FLOOR, CRISTU COMPLEX LAVELLE ROAD, BANGALORE-01.
... RESPONDENTS (By Sri. H.N.KESHAVAPRASHANTH, ADV. FOR R2; R-1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.6.2012 PASSED IN MVC NO.206/2011 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The appellant has filed this appeal seeking enhancement of compensation against the Judgment and Award dated 05.06.2012 passed in M.V.C.No.206/2011 on the file of XII Additional Small Causes Judge and Member and M.A.C.T., Bangalore, awarding compensation of Rs.2,01,120/- with 6% interest from the date of claim petition till realization of the entire award amount fixing 20% negligence on the part of appellant which is also subject matter in the appeal.
2. It is case of the appellant that he has sustained grievous injuries in a Road Traffic Accident occurred on 16.10.2010 when he was proceeding on a Motor cycle, the offending Hero Honda Passion motorcycle bearing registration No.KA 42-H-3295 rode the same in rash and negligent manner and dashed against the motor cycle of the claimant-appellant, due to which the appellant sustained grievous head injuries. In this regard he made claim petition before the Motor Accident Claims Tribunal. The Tribunal by its Judgment and award dated 02.03.2013 passed in MVC No.2974 of 2010 awarded compensation of Rs.2,01,120/- with 6% interest from the date of claim petition till realization of the entire award amount and also fixing 20% negligence on the part of the appellant. Being not satisfied with the compensation amount and also to modify the order with regard to 20% negligence, the appellant is before this Court.
3. I have heard the learned counsel for the parties and gone through the judgement passed by the Tribunal and also perused the papers made available.
4. The occurrence of accident and the injuries suffered by the appellant in the accident are not in dispute. Compensation awarded by the Tribunal under all other heads looks reasonable and there is no scope for interference. But only with regard to fixing 20% negligence on the part of the appellant without sufficient reasons is erroneous. There is no evidence adduced by the insurance company with regard to the same. Hence order of the tribunal stands modified with regard to 20% negligence. Insurance company to satisfy entire award amount of Rs.2,51,400/- with 6% interest from the date of claim petition till realization of the entire award amount Accordingly, the appeal is allowed in part Sd/-
ACTING CHIEF JUSTICE HR