1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

M.F.A. NO.6423 OF 2014 (MV-I)

C/W

M.F.A. NO.1369 OF 2015 (MV-D)

IN MFA NO.6423/2014:

BETWEEN:

M/S ORIENTAL INSURANCE COMPANY LIMITED,

DO NO.III, 48, CHURCH STREET,

BANGALORE-560001.

NOW REPRESENTED BY ITS

REGIONAL OFFICE,

NO.44/45, LEO SHOPPING COMPLEX,

RESIDENCY ROAD,

BANGALORE-560025,

REP.BY ITS AUTHORIZED SIGNATORY.

… APPELLANT

(BY SRI. B.C.SHIVANNEGOWDA,

SRI. A.M.VENKATESH, ADVOCATES)

2

AND:

1.

ASIF ALI SAYANI,

S/O ANWAR ALI SAYANI,

AGED ABOUT 27 YEARS,

R/AT NO.15, RAKKE D.PARADISE,

FRAZER TOWN,

BANGALORE.

2.

SYED AFZAL,

K.V.2433-1,

RAJAPPA BLOCK,

‘C’ CROSS, D.J.HALLI,

BANGALORE-560045.

… RESPONDENTS

(BY SRI.MOHAMMED SHERIFF, ADVOCATE FOR R1;

VIDE ORDER DATED 15.10.2015 NOTICE TO R2

DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED:09.04.2014

PASSED IN MVC NO.1318/2009 ON THE FILE OF THE XI

ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES,

BANGALORE,

AWARDING

COMPENSATION

OF

RS.56,88,837/- WITH INTEREST @6% P.A. FROM THE

DATE OF PETITION TILL REALIZATION AND ETC.,

IN MFA NO.1369/2015:

BETWEEN:

MR.ASIF ALI SAYANI,

SON OF ANWAR ALI SAYANI,

AGED 27 YEARS,

3

RESIDING AT NO.15,

RANKA D.PARADISE, FRAZER TOWN,

BANGALORE.

… APPELLANT

(BY SRI. MOHD. SHARIFF, ADVOCATE)

AND:

1.

THE DIVISIONAL MANAGER,

THE ORIENTAL INSURANCE CO.LTD.,

D.O.NO.3, NO.48, CHURCH STREET,

BANGALORE-560001.

2.

SYED AFZAL,

K.V.2433-1, RAJAPPA BLOCK,

‘C’ CROSS, DJ HALLI,

BANGALORE-560045.

… RESPONDENTS

(BY SRI. B.C. SHIVANNEGOWDA AND

SRI. A.M.VENKATESH ADVOCATES FOR R1;

VIDE ORDER DATED 24/6/2015 NOTICE

TO R2 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT,

AGAINST THE JUDGMENT AND AWARD DATED:9.4.2014

PASSED IN MVC NO.1318/2009 ON THE FILE OF THE 11^TH

ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES,

BANGALORE, PARTLY ALLOWING THE CLAIM PETITION

FOR COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION AND ETC.,

THESE APPEALS COMING ON FOR HEARING THIS

DAY, NATARAJ RANGASWAMY, J., DELIVERED THE

FOLLOWING:

4

JUDGMENT

MFA No.6423/2014 is filed by the insurer challenging

the quantum of compensation awarded by the Court of

Small causes, Bengaluru City in MVC No.1318/2009 in

terms of the Judgment and Award dated 09.04.2014.

2.

MFA No.1369/2015 is filed by the claimants in

the aforesaid MVC No.1318/2009 seeking enhancement of

the compensation awarded by the Tribunal.

3.

The parties The parties shall henceforth be

referred to as they were arrayed before the Tribunal.

4.

The claim petition discloses that the claimant,

then aged 22 years was employed as a Manager

(Accounts) in a Private Establishment and was earning

Rs.10,000/- per month. On 13.12.2008, at about 3.30

am., when the claimant was taking food near a car bearing

registration No.KA-04-MA-899 which was parked on the

left side of the Broadway road, in front of Hotel Savera, a

Mini

Truck

bearing

registration

No.GA-01-U-758

5

(hereinafter referred to as the ‘offending vehicle’) was

driven at a high speed and was moving rashly, rear ended

the car. Due to the impact, the claimant suffered serious

injuries and was shifted to Mahaveer Jain Hospital, where

he was treated as an inpatient. A complaint was lodged

with the Commercial Street Traffic Police Station, who

registered Crime No.112/2008 against the driver of the

offending vehicle. The claimant filed claim petition under

Section 166 of the Motor Vehicles Act, 1988, claiming

compensation of a sum of Rs.50,00,000/- fr