THE NATIONAL INSURANCE CO LTD vs SRI D L MOHAN @ MOHAN KUMAR D L

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Kar) 38128

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2023 BEFORE THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY MISCELLANEOUS FIRST APPEAL NO. 6292 OF 2017 (MV-I)
C/W MISCELLANEOUS FIRST APPEAL NO. 7058 OF 2017(MV-I)
In MFA No.6292/2017 Between:
The National Insurance Co Ltd., 81-D, North Car Street, Thiruchaingode, Tamilnadu - 637 211.
Rep.by National Insurance Co Ltd., Manjunatheshwara Complex, Bus Stand Road, P.B.No.112, Hassan town, Digitally signed Hassan, through its by BANGALORE MADHAVACHAR Regional Office, #144, VEENA Location: High Subharam Complex Court of Karnataka M.G.Road, Bangalore-560 001 Rep by its Assistant Manager Smt Rekha S Menon …Appellant (By Sri. Seetha Rama Rao B.C., Advocate)
And:
1. Sri D L Mohan @ Mohan Kumar D L Aged about 30 years, S/o. Lingegowda B, Resident of Doddakaradevu Village Dandiganahalli Hobli, Channarayapatna Taluk. 573172.
2. S.L.R. Borewells, Main Partner P Senthal Kumar, No.10, SSS Building, A.V.Road, Chamarajpet, Bangalore-560018 …Respondents (By Sri. Chethan B, Advocate for R-1;
R-2 - placed ex-parte, vide order dt.13-03-2023)

This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, 1988, praying to call for the records connected with M.V.C.No.1730/2014 on the file of the Hon’ble Court of the III Additional District Judge and MACT, Hassan, examine the same and set aside the Award and Judgment dated 01-04-2017 as against the appellant in the interest of justice.
In MFA NO. 7058 OF 2017 Between:
Sri D L Mohan @ Mohankumar D.L., S/o. Lingegowda B, Aged About 30 Years, Resident of Doddakaradevu Village, Dandiganahalli Hobli, Channarayapatna Taluk, Hassan District-573116 …Appellant (By Sri. Chethan B., Advocate)
And:
1. S L R Borewells Man Partner P Senthal Kumar, No.10, S.S.S.Building, A.V.Road, Chamarajapete, Bengaluru-560018 2. The Manager, National Insurance Co. Ltd., 2nd Floor, 81-D, North Car Street, Thiruchaingode, Tamilnadu-637211 Represented By, National Insurance Co Ltd., Manjunatheshwara Complex, Bus Stand Road, P.B.112, Hassan Town, Hassan-572101 …Respondents (By Sri. B C Seetharama Rao, Advocate for R-2;
R-1 - notice dispensed with vide order dated 24-02-2022)

This Miscellaneous First Appeal is filed under Section
173(1) of the Motor Vehicles Act, 1988, praying to call for the records in M.V.C.No.1730/2014 by the Hon’ble III Additional District Judge and MACT, at Hassan; modify and enhance the compensation awarded in judgment and award dated 01-04- 2017 passed in M.V.C.No.1730/2014 by the III Additional District Judge and MACT, at Hassan; allow this appeal with costs throughout; and grant such other and further reliefs as this court deems fit to grant in the circumstances of the case, to meet the ends of justice.
These Miscellaneous First Appeals coming on for Admission, through Physical Hearing/Video Conferencing, this day, the Court delivered the following:

COMMON JUDGMENT

The appellant in M.F.A.No.7058/2017 - Sri.D.L.

Mohan @ Mohankumar D.L., Resident of Doddakaradevu Village, Channarayapatna Taluk, Hassan District (henceforth for brevity referred to as `the claimant’), had instituted a claim petition against the respondent Nos.1 and 2 therein, under Section 166 of the Motor Vehicles Act, 1988, in M.V.C.No.1730/2014, in the Court of the learned III Additional District Judge and Motor Accident Claims Tribunal at Hassan, (hereinafter for brevity referred to as ‘the Tribunal’), seeking a compensation of a sum of `10,00,000/- towards the injuries said to have been sustained by him in a road traffic accident said to have occurred on the date 03-04-2014.

2. The summary of the case of the claimant before the Tribunal was that, on the date 03-04-2014, at about 2:30 a.m., while himself joined by his brother Sri. Sampathkumar were returning from their agricultural land and were near Doddakaradevu Village cross, a Motor vehicle Borewell Lorry bearing registration No.KA-01/MJ- 7092, being driven by its driver, in a rash and negligent manner and at a high speed, dashed to them. In the said road traffic accident, the claimant sustained injuries all over his body. Immediately, he was shifted to the S.S.M. Hospital, Hassan, in an Ambulance, from there to B.G.S.

Global Hospitals, at Bangalore.

The claimant has also stated that he has undergone a surgical operation and was treated as an in- patient in the Hospital for a period of two months and has spent a sum of `3,00,000/- towards the medical expenses. Stating that prior to the accident, he was hale and healthy and used to earn a sum of `10,000/- per month by doing agriculture work as well as milk vending business, however, due to the injuries suffered by him, he has totally lost his income, the claimant has claimed a compensation of a sum of `10,00,000/- from the respondents No.1 and 2, arraigning them as the owner and insurer of the alleged offending Motor vehicle Borewell Lorry bearing registration No.KA-01/MJ-7092.

3. Despite service of notice upon the respondents before the Tribunal, respondent No.1 (owner) remained absent, as such, he was placed ex-parte. It is respondent No.2 - Insurance Company, which appeared through its counsel and filed its statement of objections, wherein it denied the very occurrence of the road traffic accident as alleged and contended by the claimant in his claim petition. On the other hand, it took a specific contention that, no road traffic accident itself has ever taken place as alleged and in the manner alleged by the claimant in his claim petition. It specifically stated that the incident of the claimant sustaining injuries has taken place in some other incident but not in a road traffic accident, however, with an intention to claim the compensation, the claimant by his after-thought has falsely implicated the vehicle in question. Apart from this, it also denied the alleged sustaining of injures by the claimant in the alleged road traffic accident and his age, income and avocation and also the alleged permanent disability and prayed for dismissal of the claim petition.

4. Before the Tribunal, the claimant got himself examined as PW-1 and also got examined three more witnesses as PW-2, PW-3 and PW-4 and got marked documents from Exs.P-1 to P-20. On behalf of the respondents, one Sri. Ganapathi was examined as RW-1 and two documents in the form of an authorisation letter and a copy of the Insurance Policy were got marked as Exs.R-1 and R-2.

5. After analysing the evidence and the materials placed before it, the Tribunal has awarded the compensation under the following heads with the sum shown against them:

Sl. No.	Particulars
1	Loss of income due to disability
2	Pain and suffering
3	Medical expenses
4	Future medical expenses
5	Attendant charges
6	Food and nourishment charges
7	Conveyance charges
Total

6. The Tribunal awarded a compensation of a sum of `5,18,360/- with interest at `6% per annum th

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