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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 6^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

M.F.A. NO.31921 OF 2012 (MV)

BETWEEN:

REKHA

D/O CHANABASAYYA SWAMI

OCC: STUDENT, R/O SULTANBAD WADI,

TQ. HUMNABAD, NOW RESIDING AT GUNJ AREA,

BHLAKI, TQ. BHALKI, DIST. BIDAR

...APPELLANT

(BY SRI. SANDEEP PATIL, ADV.)

AND

1.

BABURAO

S/O BASAPPA MALSHETTY

AGE: MAJOR, OCC: AGRICULTURE & BUSINESS,

R/O DUBULGUNDI, TQ. HUMNABAD,

DIST. BIDAR

2.

THE MANAGER

THE NEW INDIA ASSURANCE CO. LTD.,

SHOLAPUR (M.S.)

BRANCH OFFICE AT SANGAMESHWAR NAGAR,

GULBARGA

…RESPONDENTS

(BY SRI. SUDARSHAN M., ADV. FOR R2

R1 - SERVED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DT- 19.11.2011 PASSED IN

MVC NO- 441/2007 ON THE FILE OF THE FAST TRACK AND

ADDITONAL MACT BHALKI, PARTLY ALLOWING THE CLAIM

PETITION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION

THIS MFA COMING ON FOR FINAL HEARING 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 MV

Act’, for short) is filed by the claimant being aggrieved

by the judgment dated 19.11.2011 passed in MVC

No.441/2007 by the Fast Track & Addl. Motor Accident

Claims Tribunal, Bhalki.

For the sake of convenience, parties are referred

to as per their ranking before the Claims Tribunal.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 20.06.2007, the claimant

after attending a marriage at Sangil Village and after

taking the permission from respondent No.1, the

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claimant and others boarded the lorry bearing

registration No.CTW-6909 and while returning to

Dubulgundi at about 19.15 hrs., the lorry came near

Meenkera -Chincholi road and crossed the Meenkera

cross and at that time one tractor came from the

opposite direction and driver of the lorry lost his

control over the lorry and dashed to the tractor, as a

result the lorry turned turtle. As a result of the

aforesaid accident, the claimant sustained grievous

injuries.

2.1. The claimant filed a petition under Section

166 of the MV Act seeking compensation for the

injuries sustained in the road traffic accident.

2.2. Respondent No.1 has not filed written

statement.

2.3. During the pendency of the claim petition,

an application was filed for impleading respondent

No.2. The Tribunal allowed the said application and

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respondent No.2 was brought on record. Respondent

No.2 has not filed written statement.

3.

The claimant in order to prove her case,

examined herself as PW-1 and in order to prove the

disability, examined the doctor as PW-2 and got

exhibited documents namely Ex.P1 to Ex.P16. On

behalf of the respondent No.2, no oral or documentary

evidence has been adduced. The Claims Tribunal

framed the following points for consideration:

1) Whether the claimant proves that on

20.06.2007 at about 19.15 hrs., the

accident took place near after crossing the

Meenkera cross, due to the rash and

negligent driving of the driver of the lorry

No.CTW-6909, as a result the claimant

sustained grievous and fracture injuries?

2) Whether the claimant proves that her

age, occupation and income?

3) Whether the claimant is entitled for

compensation? If yes, to what extent

from which respondents?

4) What order or award ?

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The Tribunal, after considering the material on

record has held that the accident took place on

account of rash and negligent driving of the offending

vehicle by its driver, as a result of which, the claimant

sustained injuries. The Tribunal further answered

issue No.2 partly in affirmative and held that claimant

is entitled for compensation and awarded global

compensation of Rs.20,000/- along with interest at

the rate of 6% p.a. and further held respondent No.1

liable for payment of award amount and directed the

respondent No.1 to deposit t