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2023 Supreme(Kar) 1373

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
C. M. Joshi, J.
Divisional Manger, New India Assurance Co. Ltd. - Appellant
Versus
Maltesh and anr. - Respondents
Miscellaneous First Appeal No. 20139 of 2012 (MV-I), Miscellaneous First Appeal No. 20140 of 2012, Miscellaneous First Appeal Nos. 20141 and 20142 of 2012
Decided On : 24-02-2023

Advocates:
Advocate Appeared:
For the Appellant :Sri. Sharanappa S. Koliwad, Advocate
For the Respondent:Sri. Lokesh Malavalli, Advocate

Headnote:(A) Motor Vehicles Act, 1988 - Section 166 - Compulsory Insurance - Appeals against the award of the Tribunal - The Tribunal awarded Rs.1,84,600/- to each claimant for injuries sustained in an accident caused by negligent driving but the court found the evidence proving the injuries and negligence was insufficient. Petitioners' injuries were assessed as simple, and their claim for permanent disability was not substantiated. (Paras 6, 21)

(B) Evidence - FIR vs. Charge Sheet - The court emphasizes the need to prioritize the charge sheet issued after investigation over the contents of the FIR when determining negligence and liability for compensation. (Paras 13, 21)

Facts of the case:
On 20.12.2005, petitioners were injured in a multi-vehicle accident involving a tempo trax, KSRTC bus, and tanker lorry. They claimed permanent disabilities and compensation due to rash driving. The insurance company contended that the evidence of negligence and injury severity was manipulated.

Findings of Court:
The court modified compensation to Rs.25,000/- per petitioner, stating the Tribunal erred in its assessment and ignored critical evidence.

Issues: Whether the charge sheet holds more credibility than the FIR concerning negligence and the appropriateness of the awarded compensation amount.

Ratio Decidendi: The court ruled that the assessment of damages must account for tangible evidence of the injuries incurred and that the charge sheet reflects an accurate understanding of the accident's circumstances over the initial FIR.

Result: Appeals allowed in part, awarding modified compensation of Rs.25,000/- each.

Table of Content
1. appeals against common judgment of tribunal. (Para 1 , 2 , 3)
2. accident details and initial compensation claims. (Para 4 , 5 , 6)
3. contentions regarding manipulation of charge sheet. (Para 8 , 10 , 11 , 12)
4. charge sheet's precedence over fir in evidence. (Para 13 , 14 , 15)
5. assessment of injuries and compensation modifications. (Para 18 , 20 , 21)
6. final compensation award confirmed and modified. (Para 22)

JUDGMENT :

C. M. Joshi, J.

These appeals are directed against the common judgment in MVC Nos.509/2006, 510/2006, 511/2006 & 512/2006 dated 01.10.2010 passed by the leaned Additional Senior Civil Judge and Additional M.A.C.T., Ranebennur (for short "the Tribunal"). The appellant insurance company was arrayed as respondent No.2 before the Tribunal in all these cases.

2. By consent of both the parties, these matters are taken up for final disposal though they were slated for admission.

3. The parties would be referred to as per their rank before the Tribunal for the sake of convenience.

4. The brief facts of the case are as under:

The petitioners approached the Tribunal contending that on 20.12.2005 at about 1.15 p.m., they were going in a tempo trax bearing registration No.KA-27/6321 from Ranebennur to Haveri as authorized passengers and the driver of the said vehicle drove the same in a rash and negligent manner and near the cattle market, a KSRTC bus bearing registration No.KA-25/F-1434 came from Byadagi towards Ranebennur on extreme left side of the road and the driver of the tempo trax dashed to the said KSRTC bus and then the KSRTC bus dashed to the tanker lorry bearing registration No.27/V-2587 and caused the accident. Due to the collision, the petitioners sustained grievous injuries and were shifted to General Hospital, Haveri for treatment. The petitioners also took treatment in private hospitals and had to spend Rs.25,000/- each towards treatment and still they need another Rs.25,000/- for follow-up treatment. It was contended that the petitioners were the only earning members of the family and they were working at S.R.Company and due to the accident, they sustained permanent disability and they are entitled for the compensation as claimed in the petition. It was alleged that the accident occurred due to the rash and negligent driving by the driver of the tempo trax and hence, respondents 1 and 2 being owner and insurer of the said tempo trax are liable to pay the compensation to the petitioners.

5. On issuance of notice, respondent No.1 who was the owner of the tempo trax did not appear before the Tribunal and therefore, was placed ex-parte. The respondent No.2-insurance company appeared through its counsel and filed objections contending that the owner and insurer of the KSRTC bus as well as tanker lorry are also necessary parties to the petition and that the driver of the tempo trax was not having a valid and effective driving licence and PSV Badge as on the date of the accident is admitted. Inter-alia it was also contended that the compensation claimed is highly exorbitant, imaginary and untenable under law and they denied the age, income and avocation of the petitioners.

6. On the basis of the pleadings, similar necessary issues were framed by the Tribunal in all the cases and common evidence was recorded. The petitioners examined themselves as PW1 to PW4 and marked Exs.P1 to P20. The doctor, who assessed the disability of these petitioners, though was common, his affidavits were separately filed in each petition and therefore, the Tribunal treated him as PW5 to PW8. The respondent No.2-insurance company examined its official as RW1 and examined two medical officers of Ranebennur Govt Hospital as RW2 and RW3 and Exs.R1 to R6 were marked on their behalf. After hearing the arguments by both the sides, the Tribunal awarded an identical sum of Rs.1,84,600/- each in all the cases directing the respondents 1 and 2 to deposit the same.

7. Aggrieved by the said judgment and award, the respondent No.2-ins

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