IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5196 OF 2021 (MV-I)

BETWEEN:

MR.NISAR PASHA S/O.SHEK BASHA SAB AGED ABOUT 49 YEARS R/AT PALYA KANNAMANGALA DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110 …APPELLANT (BY SRI K.V.NAIK, ADVOCATE)

AND:

1. THE MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD.

KSCMF BUILDING, 3^RD FLOOR

3^RD BLOCK, CUNNINGHAM ROAD BENGALURU-560 052 POLICY BY ITS OFFICE IN POLICY NO.M1840429 DATE OF VALIDITY FROM Digitally

01/07/2018 TO 30/06/2019 signed by B LAVANYA Location: 2. M/S.ITC LIMITED HIGH MEENAKUNTE VILLAGE COURT OF KARNATAKA JALA HOBLI BENGALURU-562 157 …RESPONDENTS (BY SRI B.C.SHIVANNE GOWDA, ADVOCATE FOR R-1;

NOTICE TO R-2 IS DISPENSED V/O. DATED 21.11.2022)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.08.2021 PASSED IN MVC.NO.2599/2019 BY C/C XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is preferred by the appellant-claimant challenging the judgment and award dated 05.08.2021 passed in MVC.No.2599/2019 by the Court of C/c XXII Additional Small Causes Judge and ACMM, Court of Small Causes, Bengaluru (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal.

2. Though this matter is listed for admission, with consent of learned counsels for both parties, it is taken up for final disposal.

3. Parties to the appeal shall be referred to as per their status before the tribunal.

4. Brief facts of the case are as under:

On 30.03.2019 at about 5.00 p.m., the claimant was riding his motor cycle bearing registration No.KA-01-EN- 4496 on B.B.Road, NH-7 slowly and cautiously by observing traffic Rules and Regulations. When the claimant reached Hosur Flyover, a car bearing registration No.KA- 50-M-0934 driven by its driver came with high speed and in a rash and negligent manner and dashed against his motor cycle. Due to which, the claimant fell down and sustained grievous injuries and he was shifted to Ashwini Hospital, where he took first aid treatment and thereafter, he was shifted to HOSMAT Hospital. It is stated that he has spent a sum of Rs.5,00,000/- towards medical, nourishment and miscellaneous expenses. Hence, he filed a claim petition seeking compensation.

4.1 On service of notice, the respondents appeared and filed written statement denying the claim of the claimant by taking a plea that the accident was occurred due to the negligence of the claimant himself and sought for dismissal of the claim petition.

4.2 On the basis of pleadings, the tribunal framed relevant issues for consideration.

4.3 In order to substantiate the issue and to establish the case, the claimant got examined himself as PW.1 and the Doctor as PW.2 and got marked documents from Exs.P1 to P24. On the contrary, the respondents neither examined any witness nor got marked any document.

4.4 On the basis of material evidence produced by the parties, the tribunal awarded the compensation of Rs.4,00,000/- with interest @ 9% p.a. and ordered that respondent Nos.1 and 2 shall jointly and severally pay the compensation.

4.5 Being aggrieved by the meager compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation.

5. It is the vehement contention of learned counsel for appellant-claimant that the judgment and award passed by the tribunal is arbitrary, illegal and contrary to the materials placed on record. It is further contended that the tribunal has not awarded any compensation towards loss of future income due to disability except awarding Rs.40,000/- as a total compensation under this head. The tribunal has also awarded m