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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^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.609 OF 2015 (MV-I)

BETWEEN:

SMT. SABIRA BI

W/O SYED HAFIZ

AGED ABOUT 46 YEARS

R/O 1ST MAIN, 5TH BLOCK

AZAD NAGAR

DAVANAGERE-577001.

... APPELLANT

(BY MR. HANUMANTHAPPA A, ADV.,)

AND:

1.

ANJNAPPA

S/O GIRIYAPPA, MAJOR

R/O NEAR KALLESHWARA TALKIES

HOSADURGA TOWN

CHITRADURGA DIST-577506.

2.

G. MOHAMMED RAFIQ

S/O GHOUSE SAB, MAJOR

OWNER OF VIJAYA BUS NO. KA-06

B-1415, VASAVI MAHAL ROAD

NEAR BUS STAND, HOSADURGA TOWN

CHITRADURGA-577506.

3.

THE MANAGER

ORIENTAL INSURANCE COMPANY LIMITED

BRANCH OFFICE CHITRADURGA

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REP. THROUGH ITS

DIVISIONAL OFFICE

ORIENTAL INSURANCE CO. LTD.,

THILVALLI COMPLEX, 1ST FLOOR

PB ROAD, DAVANAGERE-57701.

... RESPONDENTS

(BY MR. B.S. UMESH, ADV., FOR R3

V/O DTD:04-09-2015 NOTICE TO R1 & R2 D/W)

- - -

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 21.8.2014 PASSED

IN MVC NO.110/2013 ON THE FILE OF THE III ADDITIONAL

SENIOR CIVIL JUDGE & VII MACT, DAVANAGERE, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY,

ALOK ARADHE J., DELIVERED THE FOLLOWING:

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 claimant being aggrieved

by the judgment dated 21.08.2014 passed by the Motor

Accident Claims Tribunal (hereinafter referred to as 'the

tribunal' for short).

2. Facts giving rise to the filing of the appeal

briefly stated are that on 06.05.2012, the claimant viz.,

Sabira was proceeding in a hired autorickshaw bearing

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registration No.KA-17/A-7028. When the said vehicle

was reached near Bellary Motors at old P.B.Road,

Davanagere, a bus bearing registration No.KA-06/B-

1415, which was being driven by its driver in a rash and

negligent manner, came from opposite direction and

dashed against the aforesaid autorickshaw. As a result

of the aforesaid accident, the claimant sustained

grievous crush injury over her right hand resulting in

multifarious fractures over right upper limb and was

immediately shifted to Chigateri District Hospital,

Davanagere

and

then

to

City

Central

Hospital,

Davanagere. She was subjected to major surgery and

operations for the aforesaid injury and remained

inpatient for a period of 53 days.

3.

The claimant thereupon filed a petition under

Section 166 of the Act inter alia on the ground that the

claimant was subjected to major surgery and operations

for the aforesaid injury and remained inpatient for a

period of 53 days. She was again operated in Kasturba

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Hospital, Manipal. It was also pleaded that the claimant

was aged about 45 years at the time of accident and

was doing tailoring work and was earning a sum of

Rs.10,000/- per month. It was further pleaded that the

right hand of the claimant is completely damaged and

she has been rendered disabled and disfigured by her

right upper limb and has to suffer for the rest of her life

as a disabled and disfigured person. It is also pleaded

that the claimant has spent more than Rs.5,00,000/-

towards medical expenses. It was also pleaded that the

accident took place on account of the rash and negligent

driving of the driver of the bus. The claimant claimed

compensation to the tune of Rs.20,00,000/- along with

interest.

4. The insurance company filed written statement

in which it was inter alia pleaded that the claim petition

is not maintainable and the mode and manner of the

accident was denied. It was also pleaded that the

accident occurred on account of negligence of the driver

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of the auto rickshaw. It was further pleaded that the

driver of the auto ricks