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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD

MFA No.592 OF 2014(MV)

BETWEEN:

N.Sandeep,

S/o Sri. Narasimiah,

Aged about 20 years,

R/at No.233, 5^th main,

Bogadi Railway Layout,

Mysore-570 001.

… Appellant

(By Sri. Narayana Swamy H., Advocate for

Sri. R.B.Sangamesh, Adv.)

AND:

1.

Nagappa,

S/o Sri. Kasi Padiyar,

Aged about 46 years,

Door No.328,

Marigudi Temple Road,

Manchegowdana Koppalu,

Mysore-570 001.

2.

Commissioner,

Mysore Development Authority,

JLB Road,

Mysore-570 01.

3.

KGID, Insurance Department,

2

Motor Branch,

Bangalore-01.

... Respondents

(By Sri.B.R.Prasanna, Advocate for R2:

Smt. H.R.Anitha, HCGP. For R3:

Notice to R1 is dispensed with)

This MFA is filed under Section 173(1) of MV Act,

against the Judgment and Award dated: 22.09.2012

passed in MVC No.295/2012 on the file of the Presiding

Officer, Fast Track Court-V, Additional MACT, Mysore,

partly allowing the claim petition for compensation and

seeking enhancement of compensation.

This MFA, coming on for orders, this day, this Court,

delivered the following:

J U D G M E N T

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,

for short) has been filed by the claimant being

aggrieved by the judgment dated 22.09.2012 passed

by the Motor Accident Claims Tribunal, Mysore in MVC

No.295/2012.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 17.01.2011, the claimant

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was proceeding on motorcycle bearing registration

No.KA-02/EB-5859

on

Bogadi

Road

from

Saraswathipuram Railway level crossing towards

Government Press. At that time, a jeep bearing

registration No.KA-09/M-5871 being driven by its

driver at a high speed and in a rash and negligent

manner, dashed to the vehicle of the claimant. As a

result

of

the

aforesaid

accident,

the

claimant

sustained grievous injuries and was hospitalized.

3.

The claimant filed a petition under Section

166 of the Act on the ground that he was aged about

18 years and was a student, he was good at sports

and studies. Due to injuries sustained in the accident

he could not participate in any sports activates. It

was pleaded that he also spent huge amount towards

medical expenses, conveyance, etc. It was further

pleaded that the accident occurred purely on account

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of the rash and negligent driving of the offending

vehicle by its driver.

4.

On service of notice, the respondent No.2

filed written statement in which the averments made

in the petition were denied. The age, avocation and

income of the claimant and the medical expenses are

denied. It was pleaded that the accident was due to

the rash and negligent riding of the vehicle by the

claimant himself. It was further pleaded that the

respondent No.1 had a valid and effective driving

licence at the time of the accident and the vehicle was

insured with respondent No.3. Hence, they sought for

dismissal of the petition.

5.

On the basis of the pleadings of the parties,

the Claims Tribunal framed the issues and thereafter

recorded the evidence. The claimant himself was

examined as PW-1 and Dr.J.S.Hegde as PW-2 and got

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exhibited 15 documents namely Ex.P1 to Ex.P15. On

behalf of the respondents, neither any witness was

examined nor got exhibited documents. The Claims

Tribunal, by the impugned judgment, inter alia, held

that the accident took place on account of rash and

negligent driving of the offending vehicle by its driver,

as a result of which, the claimant sustained injuries.

The Tribunal further held that the claimant is entitled

to a compensation of Rs.50,000/- along with interest

at the rate of 6% p.a. and directed the insurance

company to deposit the compensation amount along

with interest. Being