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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF SEPTEMBER 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

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

M.F.A. NO. 8012/2016(MV)

BETWEEN:

1.

Mr. V.Anbalagan,

S/o Late. Sri. Vembadi,

Aged about 65 years.

2.

Mrs. Karpagamani,

W/o Sri. V.Anbalagan,

Aged about 56 years.

Both are residing at No.768,

1^st Floor, 7^th Cross,

Valagerehalli,

Bangalore South Taluk,

Bangalore-560 059. ... Appellants

(By Sri.Chandranath Ariga K., Adv.)

AND:

1.

The Managing Director,

VRL Logistics,

Regd & ADMN Office,

Bangalore Road Varur,

Dharwad, Hubli District-580023.

Karnataka,

Rep. by its Proprietor RC Owner,

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M.D.VRL Logistics (Ashok Leyland Truck

Bearing KA-25-C-7416).

2.

The Manager,

United India Insurance Company Ltd.,

Divisional Office No.1 & 2,

Enkay Complex,

Hubli-580023.

3.

M/s. Seabird Tourist Center,

No.21, Ananth Arcade,

A.V.Road, Kalasipalyam,

Bangalore-560 002.

Rep. by its proprietor

Sri. Nagarajaiah H.C.

4.

The Manager,

ICICI Lombard General Insurance Company Ltd.,

Rajalakshmi Arcade,

No.228/15, 22^nd Cross,

9^th Main, 3^rd Block,

Jayanagar,

Bengalore-560 101. ... Respondents

(By Sri. Aravind M. Neglur, Adv.R1:

Smt. Harini Shivananda. Adv. For R2:

Notice to R3 is dispensed with

v/o dated:29.03.2019

R4 is served)

This M.F.A. is filed under Section 173(1) of MV Act

against the Judgment and award dated 29.08.2016 passed in

MVC No.706/2014 on the file of the I Additional Small Causes

Judge & MACT, Bengaluru (SCCH-11), partly allowing the

claim petition for compensation and seeking enhancement of

compensation.

This M.F.A. coming on for admission through video

conference, this day, H.T.Narendra Prasad J., delivered the

following:

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JUDGMENT

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 claimants being

aggrieved by the judgment dated 29.8.2016 passed by

the Motor Accident Claims Tribunal.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 16.12.2013, when the

deceased namely Dr.A Hemavathy was traveling in a bus

bearing Reg. No.KA-01-AA-1372 from Bangalore to

Hubli. When the bus reached near Jogihalli onNH-4, a

lorry bearing registration No.KA-25/C-7416 driven by its

driver at a high speed, in a rash and negligent manner

dashed against the backside of the bus. As a result of

the aforesaid accident, the deceased sustained grievous

injuries and succumbed to the injuries at the spot.

3.

The claimants filed a petition under Section

166 of the Act on the ground that the deceased was

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working as a Doctor, she completed her MD in Pathology

and she was earning Rs.1,25,000/- per month. Besides

her earnings, she was running a clinic and also working

in private Nursing Homes, thereby she was earning

nearly Rs.1,25,000/- to Rs.1,50,000/- per month. The

claimants who are the dependents have lost their

dependency since they were depending upon the

deceased. The accident has occurred due to the rash

and negligent driving of the driver of the lorry. The

claimants

claimed

compensation

to

the

tune

of

Rs.4,33,00,000/- along with interest. On service of

summons, the respondent Nos.1, 2 and 4 have filed

written statements in which the averments made in the

petition were denied. It was pleaded that the petition

itself is false and frivolous in the eye of law. It was

further pleaded that the accident was due to the rash

and negligent driving of the driver of the bus. The

manner of accident, avocation, and income of the

deceased was also denied. It was further pleaded that

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the quantum of compensation claimed by the claimants

is exorbitant. Hence, they