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2022 Supreme(Online)(Kar) 38153
HSJ:
21.11.2022
IN
MISCELLANEOUS FIRST APPEAL NO. 5670 OF 2018
(MV-D)
BVK
- 1 -
MFA No. 5670 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 5670 OF 2018 (MV-D)
BETWEEN:
1.
SRI.B.G.CHANDRU
S/O GOLLA PUJARI
AGED ABOUT 51 YEARS,
2.
SMT HEMAVATHI
W/O B G CHANDRU
AGED ABOUT 46 YEARS,
3.
BHAGAYALAKSHMI
D/O B G CHANDRU
AGED ABOUT 19 YEARS,
R/AT VATTALAMAKKI VILLAGE,
KOPPA TALUK
KOPPA, CHIKKAMAGALURU
KUDEGUNDI, KARNATAKA -577 127.
&APPELLANTS
(BY SRI. KALPANA P V., ADVOCATE)
AND:
1.
THE MANAGER
M/S MAGMA HDI GEN INS CO LTD
NO.706, 2ND FLOOR 2ND STAGE,
9TH CROSS WEST OF CHORD ROAD,
BASVESHWARANAGAR
BANGALORE-560086
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MFA No. 5670 of 2018
2.
SRI MANJUNATH
S/O KUMARAPPA
MAJOR
R/AT NO.27/9, PADMAVATHI PLAZA
M/S PADMAVATHI TRADE LINK
KADUMALLESHWRAM 5TH
TEMPLE ROAD,
BANGALORE-560003
&RESPONDENTS
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R1)
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20/04/2018, PASSED IN MVC
NO.786/2017, ON THE FILE OF THE MEMBER, MACT, XVI
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU
(SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant under Section
173(1) of Motor Vehicles Act, 1988 (hereinafter referred to
as 'MV Act' for short), challenging the judgment and award
passed in MVC No.786/2017 dated 20.04.2018 by the
Member, MACT, XVI Additional Judge, Court of Small
Causes,
Bengaluru
seeking
enhancement
of
the
compensation.
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MFA No. 5670 of 2018
2.
The undisputed facts are that on 19.09.2016 at
about 8:30 p.m. deceased was riding his motorcycle
bearing reg.no.KA-02-HS-0380 from NTTF towards 14th
Cross near Srisaila Weigh Bridge, Brundavana Bus Stop,
Peenya Industrial Area, slowly and cautiously. At that
time, the driver of the tempo traveler bearing registration
No.KA-04-AB-9360 drove the same in a rash and negligent
manner dashed against the motorcycle. Due to which, the
rider of the motorcycle fell down and wheel of the tempo
traveler ran over his head and went ahead and dashed to
the wall of the Srisaila Weigh Bridge. The rider of the
motorcycle died on the spot. Claiming compensation for
the untimely death of their family member, the claimants
have filed claim petition under Section 166 of the Motor
Vehicles Act.
3.
In pursuance of the Notice issued to the
respondent Nos.1 and 2, appeared through their
respective counsel and filed separate written statement,
denying the averments made in the claim petition.
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MFA No. 5670 of 2018
4.
To
substantiate
the
contentions
of
the
appellants3claimants,
father
of
the
deceased
was
examined as PW-1 and got marked documents at Exhibits-
P1 to P14. The respondent no.2 / insurance company has
examined Senior Manager as RW-1 and got marked Ex.R1
to R3 whereas, B extract register is marked as Ex.R4 with
consent.
5.
The Tribunal on appreciating the materials on
record, allowed the petition in part, and awarded a
compensation of Rs.12,39,200/- as follows:
Loss of Dependency
:
Rs.
12,09,600/-
Transportation of dead body and
funeral expenses
:
Rs.
15,000/-
Loss of estate
:
Rs.
15,000/-
TOTAL :
Rs. 12,39,600/-
6.
But further held that deceased also contributed
to the cause of alleged accident as he was riding the motor
cycle without having a valid driving licence as on the date
of accident. Therefore, it held that deceased contributed
20% negligence for the cause of the accident. Hence, it
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MFA No. 5670 of 2018
awarded 80% of the total compensation amount of
Rs.12,39,600/-.
which
would
be
Rs.9,91,680/-
and
rounded off to Rs.9,91,700/- along with interest at 9% per
annum from the date of petition till the date of deposit.
The Tribunal held respondents No.1 and 2 therein, are
jointly and severally liable to pay the compensation.
7.
B
