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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.568 OF 2019 (MV-I)
BETWEEN
MR SUKHIL
S/O LATE LINGA REDDY,
R/AT NO.83,"SRI BRAMHARI"
BEHIND MANIPAL HOSPITAL,
BEML 5TH STAGE,
RAJAREJESHWARI NAGAR,
BANGALORE-98
...APPELLANT
(BY SRI. SAMARTH PRAKASH, ADVOCATE)
AND
1. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED
REPRESENTED BY ITS MANAGER,
VISHRANTI MELARANI TOWERS NO.2319,
RAJIV GANDHI SALAI,(OMR)
KARAPAKKAM, CHENNAI-600097
REGIONAL OFFICE AT
DOOR NO.620,A1,12TH MAIN,35TH CROSS,
2ND BLOCK,RAJAJINAGAR,
BANGALORE-560 010
2. HARIKUMAR S
AGED MAJOR,
R/AT A 1003,
CHARTERED BEVERLY HILLS,
GUBBALALA SUBRAMANYAPURA POST,
BANGALORE-560 061.
...RESPONDENTS
(BY SRI. RAVISHANKAR.S. SAMPRATHI, ADVOCATE FOR R-1
SRI. K.N. PRAVEEN KUMAR, ADVOCATE)
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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED: 15.10.2018 PASSED
IN MVC NO. 3849/2017 ON THE FILE OF THE XXI ACMM & XXII ASCJ,
MACT, BENGALURU, (SCCH-25) DISMISSING THE CLAIM PETITION
FOR COMPENSATION AND ETC.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the claimant is directed against the impugned judgment and award dated 15.10.2018 passed in MVC No.3849/2017 on the file of the XXI ACMM & XXIII Additional Small Causes Judge and Motor Accidents Claims Tribunal, Bengaluru (for short "the Tribunal"), whereby the Tribunal dismissed the claim petition filed by the petitioner seeking compensation towards injuries alleged to have been sustained by the petitioner in road traffic accident that occurred on 12.07.2016. By the impugned judgment and award, the trial Court dismissed the claim petition filed by the appellant under Section 166 of Motor Vehicles Act, 1988 (for short "M.V. Act") aggrieved by which, the appellant is before this Court by way of this appeal.
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2. I have heard learned counsel for the claimant and learned counsel for the Insurance Company and perused the material on record.
3. Though several contentions are urged by the learned counsel for both sides, a perusal of the impugned judgment and award will indicate that the trial Court has not correctly and property appreciated the entire material on record including the principles of law applicable to the case on hand, thereby resulting in erroneous conclusion. Under these circumstances, without expressing any opinion on merits/demerits of rival contentions, I deem it fit and proper to remit the matter back to the trial Court for fresh disposal in accordance with law by setting aside the impugned judgment and award dated 15.10.2018.
4. In the result, I pass the following:
ORDER i. The Appeal is hereby allowed.
ii. The impugned judgment and award dated 15.10.2018 passed in MVC No.3849/2017 on the 4 file of the XXI ACMM & XXIII ASCJ, MACT, Bengaluru, is hereby set aside.
iii. The matter is remitted back to the Tribunal for fresh disposal in accordance with law. iv. All rival contentions between the parties are left/kept open to be decided by the Tribunal. v. Having regard to the fact that the accident is of the year 2016, the Tribunal shall endeavor to dispose of the claim petition as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order. vi. Both parties undertake to appear before the trial Court on 25.01.2021.
Registry is directed to send back the trial Court Records forthwith.
Sd/-
JUDGE Bmc