IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 21^ST DAY OF SEPTEMBER, 2021

PRESENT

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

MFA No.103572/2015 (MV)

Between:

Shri Akhil Hrishikesh Sharma,

Age 41 years, Occ Now Nil,

(Earlier worked as Sergeant in Indian Air Force),

R/o.: No.30, Raksha Colony, Ranjhil,

Jabalpur, Madhya Pradesh.

... Appellant

(By Shri Sanjay S.Katageri, Advocate)

And:

1.

Shri Suresh S.Rachannavar,

Age 53 years, Occ: Business,

R/o.: Karadiguddi, Tq. & Dist.: Belagavi.

(Owner of the passenger Tempo

Bearig Reg. No.KA-22/C-1266).

2.

The New India Assurance Co. Ltd.,

Through its Divisional Office,

By its Divisional Manager,

Club Road, Belagavi.

... Respondents

(By Shri Santosh B.Malagroudar, Advocate for R1;

Shri S.S. Koliwad, Adocate for R2)

RRRR

: 2 :

This MFA is filed under Section 173(1) of the M.V.

Act, 1988, against the

Judgment &

Award

dated

17.07.2014, passed in MVC No.1567/2008 on the file of

the Presiding Officer, Fast Track Court-I & Member

Addl. MACT, Belagavi, dismissing the petition filed

under Section 166 of M.V. Act, 1994.

This

appeal

being

heard

and

reserved

for

Judgment, coming on for pronouncement of Judgment,

this day, M.G.S. Kamal, J, delivered the following:

JUDGMENT

Legality or otherwise of the Judgment & Order

dated 17^th July 2014, passed in MVC No.1567/2008 by

the Presiding Officer, Fast Track Court-I & Addl. MACT,

Belagavi, whereby the claim petition filed under Section

166 of the M.V. Act, 1994 by the claimant, a sergeant

in the Indian Air Force, who is paralyzed below the

waist due to grievous injuries suffered in a road traffic

accident rendering him 100% disabled and unfit to

serve the Indian Air Force, has been dismissed merely

on the ground of he not having personally filed the

complaint against the driver of the offending vehicle is

put in issue in this appeal.

: 3 :

BRIEF FACTS:

2.

The facts leading upto filing of the present

appeal briefly stated are that on 03.02.2007 at about

17:45 hours the claimant was proceeding to Belagavi on

his motorcycle bearing registration No.MP-20/KH-1859.

At that time driver of a passenger tempo bearing

registration No.KA-22/C-1266 driving the same in high

speed overtook the motorcycle of the claimant and

thereafter turned the vehicle on to the left side of the

road without any indication or signal and suddenly

applied brake and abruptly stopped the vehicle to

pickup passengers. As a result, the claimant could not

stop his motorcycle immediately, though he tried his

best and eventually dashed into rear left side corner of

the aforesaid passenger tempo. Due to the impact, the

claimant sustained grievous injuries and was admitted

to the Military Hospital, Belagavi. Thereafter, he was

shifted to Military Hospital at Khadaki, Poona. He also

took treatment in private hospitals and spent huge

amount towards medical treatment. The lower part of

: 4 :

the body of the claimant has become totally paralyzed

confining him to a wheel chair.

CLAIM PETITION:

3.

Thereupon the claimant filed a claim petition

under

Section

166

of

the

M.V.

Act

claiming

compensation in a sum of Rs.42,00,000/- with interest

at 18% p.a from the date of accident contending inter

alia that he was aged about 34 years, highly qualified

with M.Sc. Physics and MBA, serving as a Sergeant,

discharging functions of Education Instructor under

Medical Category A and Group X in Indian Air Force,

Government of India. That at the time of accident, the

claimant was earning Rs.1,30,224/- per annum from

salary (excluding the revised scale with effect from

01.01.2006); that due to the accident he suffered

grievous injuries such as (i) fracture of Thoraco Limber

Spine; (ii) fracture of Lower end Radius (RT); and (iii)

Superficial abrasion on face and other multiple injuries

all over t