HIGH COURT OF KARNATAKA
SRI PUTTEGOWDA – Appellant
Versus
THE REGIONAL MANAGER – Respondent
MFA/7854/2010
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.7854 OF 2010(MV)
BETWEEN:
SRI PUTTEGOWDA
S/O HUCHEGOWDA
AGED ABOUT 47 YEARS
R/A C/O K.G.RAMACHANDRA
NO.3110, GROUND FLOOR
KUMARASWAMY LAYOUT
BANGALORE-78.
...APPELLANT
(BY SMT.P V KALPANA , ADV.)
AND
1.
THE REGIONAL MANAGER
M/S NEW INDIA ASSURANCE CO. LTD.,
BANGALORE
REGIONAL OFFICE 2-B
UNITY BUILDING ANNEX
P KALINGA RAO ROAD
(OLD MISSION ROAD)
BANGALORE-27.
2.
SHIVA MARI GOWDA
S/O KARIYAPPA
2
MAJOR IN AGE
PERIORA ROAD ERODE
ERODE DISTRICT
TAMILNADU-630001.
…RESPONDENTS
(BY SRI.A.N.KRISHNASWAMY, ADV. FOR R1:
NOTICE TO R2 IS HELD SUFFICIENT
V/O DATED:06.06.2013)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:09.06.2010 PASSED IN MVC NO.7148/2008
ON THE FILE OF THE IV ADDITIONAL JUDGE, COURT
OF SMALL CAUSES-6, MEMBERACT, BANGALORE
DISMISSING THE PEITITON FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING,THROUGH
VIDEO
CONFERENCE,
THIS
DAY,
THE
COURT
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
3
aggrieved by the judgment dated 9.6.2010 passed by
the Motor Accident Claims Tribunal.
2.
Facts giving rise to the filing of the appeal
briefly stated are that on 29.8.2008, the claimant was
proceeding as pillion rider on motorcycle bearing
registration
No.KA-11-H-8102
near
Chikkallahalli,
Sathanur-Doddalahalli
Road,
Kanakapura
Taluk,
Ramanagara District, at that time, another motorcycle
i.e., Royal Enfield Bullet bearing registration No.TN-
33-F-3053 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 seeking compensation. It was pleaded
that
he
spent
huge
amount
towards
medical
4
expenses, conveyance, etc. It was further pleaded
that the accident occurred purely on account of the
rash and negligent driving of the offending vehicle by
its driver.
4.
On service of notice, the respondent No.1
appeared through counsel and filed written statement
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 offending vehicle was not involved in the
accident. The claimant had no valid driving licence as
on the date of the accident. Hence, he sought for
dismissal of the petition.
The respondent No.2 did not appear before the
Tribunal inspite of service of notice and was placed
ex-parte.
5
5.
On the basis of the pleadings of the parties,
the Claims Tribunal framed the issues and thereafter
recorded the evidence. The Claims Tribunal, by the
impugned judgment, inter alia, dismissed the claim
petition. Being aggrieved, this appeal has been filed.
6.
The learned counsel for the claimant has
contended that the claimant has suffered injury in the
road traffic accident occurred on 29.8.2008 due to the
rash and negligent riding of the Royal Enfield bullet
motorcycle by its rider. Immediately after the
accident, the rider of the motorcycle bearing No.KA-
11-H-8102 lodged complaint to the police. The police
have registered FIR against the rider of the offending
motorcycle and after thorough investigation, the
police have charge sheeted the rider of the offending
motorcycle. Therefore, it is clear that the claimant
suffered injuries due to the accident occurred on
29.8.2008. The Tribunal without considering the
6
evidence and police records such as FIR and complaint
has erred in dismissing the claim peti