High Court Karnataka High Court

Abdulla M vs The United India Insurance Co Ltd on 18 November, 2008

Karnataka High Court
Abdulla M vs The United India Insurance Co Ltd on 18 November, 2008
Author: Deepak Verma K.Ramanna
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DATED mm THE 18" mm or ll0VEHBl§_Ei"%§)$§:    _
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BE'I''€_VEEN: * J  % 

ABDULLAM
s/o LATE MOHAMMED,

AGE: 34 YEARS, -. 

R/0 MORLA HOUSE,  
NARINCuANAV*ILIAGEI_   I   
Ti-IAVDUGGLIPOSE',    _  ' 

(By Sd.P.fiARUl§3KAR,'AD§,'} I   
: V . . I .   .,::'_  '.  

THE UNITED INDIA INSU'RANCE__C0"LTD
BRANCH OFFTCE4, - V " ; ~ _ 
CAME-"C0 TOWERS, BUN_D:ER;_ 
MANGAL(;)RE,,  .. _

,4.-3V..I{.D1sfI'IisIcfIf,

 I§EI=>;£3.Y ITS Bf  MANAGER. .. nzsromur.

  :(I3yvsdv1s:'NAR§;Y.5nA MURTHY, ADV.)

i__i_i_i,,i_i_§

'IA'l'-HS M913 SIS FILED U/S 173(1) OF Mv ACT AGAINST THE

 JLYDGMEPYR 'AND AWARD DATED 21.01.2004 PASSED IN me

~ .«.1'§;¢o.'962/20o2V'_DN THE FILE OF THE I ADDITEONAL DIS'I*RI(":'!' JUDGE

_  ANDVVMEMBER, MAC"?-II, MANGALORE, PAm*LY ALLOWING THE CLAIM

,  I-?I::'I'I'2*1sC>_N"'B'OR COMPENSATION AHD SEEKING ENHANCEMENT OF
"  ' CGMPENSATION.

  "j  .....?i*Hzs MISCELLANEOUS F!RS'I' APPEAL comma. on FOR FINAL
 HEARING THIS DAY, nsnmx vunnu J, DELIVERED THE

'D * f" ' FQLLOWING:

7,5



JIIDGHEHT

SnP. , learned oounsci appeared  H  
Sri.S.Narayana Mutthy, learn" od 0011I18C3;8,."'pe4 « 31%!"  2 ' j z

2. With consent, arguments hcani.   '~ VV  

3. Feeling aggxieved and  win;  Agca§:§:i dated
21.01.2004 passed in   §i2.,962/'$3002 by MAC1',
Bangalore, ciaimant is in   Sa'*s:_t}f.9'tix£.'J;1'bb__1_'7}'3(1) of the Motor
Vehicles Act,    u  and adequate
compensation  him in a motor mad

. mt  """   ._ _ ._ ._ 1

4. An   on 21.02.2002 at about 11.30
a.m., when  on his Motor Cycle bearing

l§o.KA-  10 on the left side of the mad in a slow

  %  'er. At that fime a bus bearm g 1%' trat1on'

  by M.Ibrah1m' and ddvcfi by its dnvm" ,
 o<é{ertooV  ?;i1;i:Aa.;V[Jxpellant's Mator Cych: and latched Re.heman1ya'
   and driver of the bus, suddenly stopped 'E,

I»    any indimtion or signal thereof. The appellant who

 'T   g the bus, in ahscncc of any s1gnal' or guinea' ' tion was

"E

 



not able to oontnol his Motor Cycke and dashed H39:
portion ofthe bus. " "    V

5. On a report being lodged, cr;m=__ m' alg  

against the driver of the bus.   
injuxies in the said accident.     Hospital,
and was heated by  According to
appellant, he 11%     medical
Ireattncnt and 013..  sufired by him,
his business   badly affected. It has aiso
been contended  "i?e.10,000/- per month has
been subste,ufiefly  therefore oonsuained to file a
Claim Peeuos;'-claiming isis1s1"'smoust of Rs.10,00,000/~ against

 msyqdnqggtgéf A  ,  ..... <4 .

   1.1_-   driver and owner had not filed any reply to I

--  "'"the   filed by appefiant. It was only insurmwe

., jv»-VS-Qmpany, 'wsiss had flied its written statement It had denied the

 aveeipepfé' made by the appcilant in Claim Petition in tote. It

Vt   took the plea that accklcnt had taken place on account of

  and negligent riding of the Motor Cycle by appellant, who lost

"ES

 



control and dashed against the bus due to 

plea of non-joinder of proper parties, i.c.,  

Motor Cycle having been not joined, t1v:e"C1m';n1f'.  

be dismixed. However, it has not  

Company that the ofi'cndzng' bus; g1:t"t,1_1e  

insumd with the respondent  in  accident,

appellant had sustained liability to pay the
amount of compensation is’ of the

7′. 011 of on record, Tribunal
worked out payable to appellant at
Rs.1,79,2-4i;2[–‘–ae 1306′ the impugned award, since
appellant for causing the accident to the

extent ot’_§St}’%, the been reduced by 50% and he has

receive in all flora the respondent a sum of

Rst39,5}’?,_I]With interest at the rain of 6% per annum

T’ mmae.+’¢§.¢i:c petition 151: it is actually pm’ .

A counsel for appellant has raised primarily two
er amok in this appeal. Firstly, Tribunal oonrnaittod a

‘f V _ in working out eonttibutoxy neglii of driving of the
Cycle by appcnam: to the extent orso% and secondly while

working out Ease of teaming on account of of

Rs.25,000/- has been awarded, whemas as
Doctor, P.W.f2 and other doctors, it well T. n

pezmancnt to the whole the

9. Per contra. learned leusuranoc
Company contended ef veont1’R)utoIy
negligence of the appellant by him not
only in his cvidmcc. Thus
in the light of by ‘I’n’bunal cannot
be fauitedg “” that just, proper and
Mequate hbecn awarded, no case for
enhancement

_1′:1’:t1ia»5{e1igh:_: of the rival contentions, we have heazd mo

and criticafiy examined the docuea

‘ V ‘*~= ‘ ‘ on;

V é “The gooosis of the Climinal Case is the FIR dated
lodged by appeliant h1’xnse§’soon after the accident. In

_ VT and in afi other subsequent documents eating from
{lie FIR, appellant has categorically mentioned and deposed befom

“”73

the police that he was going on the Motor Cyck

the road, on National Highway No.17 at a L”
time, the ofiending bus came finm AV

thereby appefiant was folbwing the
giving any indicatisan or signal, $1.1′:
3!} of a sudden, near Vaatn the bus
stopped abruptly and the ag§j3ana§1t the said bus, he
dashed against the rear bi’1*s .’ he fell
down and taken to
hospital. A e e

12. The gaanchamma also indicate that
accident the left side of the road near

had come up before the ‘l’n’hunal

V. by with the aforesaid specific case and had

led in consonance with the pleaiings. FIR was

»fh_e which was recorded by the polhe, soon after

H :'”t4he.vL.ee«:iti_ent'”a¢t the instance of the appellant. Appelhnfs czmduct

that he hw come forward night fiom the very

withat:meandeorsectfacts,w1nch’ ledtotheaocaden’ t.

Y5

13. Owner of the bus was joined as one of the but

had not filed any objections to the said Claim

were filed only by the Insmanoe~”‘Compa§:;y,_:.”§§i§g;{§ of

contributory negligence of appellant . It
disputed that am: of the buslnfisyhaée “the: oontiiol
of the owner of the bus, but he file Court nor
gave evidence or what circumstances,
accident had did not take any
such plea. Tlae. able to pmducc any
evidence in tlxe appellant that accident
ma negligent driving ofthc bus
by its dz-ivvex-.,_ It common lmowbdgc that while
driving’ stop the vehicles all of a sudden

which indeed causes a gmat hardship

the. ‘V vlého an: fol1owmg_ ‘ it. in somewhat mm’

‘ bus was suddenly stopped on a highway, after
_. j;v’..<_)!vertakin'g,,t!ie appellant's vehicle. if any indication would have

that has is going to be stopped near Masjisd, appefiant

have taken suficiaent came and caution to saw or slow down

Motor Cycle. Thus, we am of the consiademd opinion that no

'E

ncgligenm can be attributed to appciiant for

accident. Thus this issue stands answered in

and the finding of the Tribunal "T.

quashed.

14. Now coming to the next    has of
future earning capacity as    We are

of the opinion that the this head is on
lower side. As pcfthe V’ his pexmamznt
disability to a of 35%, thereby for

whoie ‘eat 12%. His income has been
assessed a t.R:s._3,()O(}f.;’:_e:per’ equivalent to Rs.36,000[- per
anmim. disability for whole body at 12%,

:_.-iose of would be reduced to Rs.4,320/- per

to the age of the appellant, pmper multiplier

V appfieble woukd be 16, which comes to Rs.69,120/–.

Thus .V 4′ 18, sub-para 6, which deals with’ loss ofem’n1ng’

disability, the amount of Rs.25,000/- as awarded is

to Rs.69,120/ -. Thus tom} amount of campmsation

VT by respondents jointly and severally, would now come to

R

Rs.2,23,362/ -. No other ground it): enhancement of pf

compcnsauion as awarded by the Tribunal has _

15. Tim aforesaid amount of Rs.2,2s,35,2.,1}

at the rate of 6% per annum from {he

actually pad’ . The amount wouiii’ atijusmd.

16. In view of the abové,’ to thc wove

extent. impugned

Respondéfit$;.””‘. of litigation thmughout.

Cot.1nse1's     .

3d/'9
Judgg

Sd/*3.
J'udg'§

 AG?»