United India Insurance Co., Ltd vs Sri Shivanangegowda S N
2021 Latest Caselaw 5926 Kant

                           1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF DECEMBER, 2021

                        BEFORE

  THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

 MISCELLANEOUS FIRST APPEAL NO. 11315/2012 (MV)
                     C/W
 MISCELLANEOUS FIRST APPEAL NO.11316/2012 (MV)

IN MFA NO.11315/2012:

BETWEEN:
UNITED INDIA INSURANCE CO., LTD.,
TP.HUB, NO.19-19/1, 2ND FLOOR,
SOUTH END ROAD, BASVANAGUDI
BANGALORE-560004

THROUGH ITS REGIONAL OFFICE
#5 & 6TH FLOORS, KRISHI BHAVAN
BUILDING, NRUPATHUNGA ROAD
BANGALORE-560001
REP. BY ITS MANAGER SRI K.CHANDRASHEKAR
                                      ...APPELLANT
(BY SRI. S.KRISHNA KISHORE ADVOCATE)

AND:

  1. SRI. SHIVANANGEGOWDA S.N
     AGED ABOUT 52 YEARS
     S/O NINGEGOWDA,
     RESIDING AT NO.140, 2ND CROSS
     SARASWATHINAGAR, BANGALORE-96
                          2



  2. SRI BASAVALINGAIAH, MAJOR
     S/O MOTEGOWDA, RESIDING AT
     NO.10/A, BEERESHWARANAGAR,
     CHUNCHANAGATTE MAIN ROAD
     KONANAKUNTE, BANGALORE-62
                                   ... RESPONDENTS
    (BY SMT. BHUSHANI KUMAR ADV., FOR R-1
     R2 SERVED)

    THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 4.9.2012
PASSED IN MVC NO.1521/2011 ON THE FILE OF THE 13TH
ADDITIONAL SMALL CAUSE JUDGE, COURT OF SMALL
CAUSES, MEMBER, MACT, BANGALORE, AWARDING A
COMPENSATION OF RS.2,39,450/- WITH INTEREST @ 6%
P.A ON RS.2,19,450/- (EXCLUDING FUTURE MEDICAL
EXPENSES) FROM THE DATE OF PETITION TILL THE DATE
OF DEPOSIT.

IN MFA NO.11316/2012:

BETWEEN:
UNITED INDIA INSURANCE CO., LTD.,
TP.HUB, NO.19-19/1, 2ND FLOOR,
SOUTH END ROAD, BASVANAGUDI
BANGALORE-560004

THROUGH ITS REGIONAL OFFICE
#5 & 6TH FLOORS, KRISHI BHAVAN
BUILDING, NRUPATHUNGA ROAD
BANGALORE-560001
REP. BY ITS MANAGER SRI K.CHANDRASHEKAR

                                       ...APPELLANT
(BY SRI. S.KRISHNA KISHORE ADVOCATE)
                         3




AND:

  1. SRI. BASAVARAJA @ RAJU
     AGED ABOUT 27 YEARS,
     S/O BADREGOWDA,
     RESIDIENT OF
     PURUDODDI VILLAGE & POST,
     MARALAVADI HOBLI,
     KANAKAPURA TALUK,
     RAMANGARA DISTRICT.

  2. SRI BASAVALINGAIAH, MAJOR
     S/O MOTEGOWDA,
     RESIDING AT
     NO.10/A, BEERESHWARANAGAR,
     CHUNCHANAGATTE MAIN ROAD
     KONANAKUNTE,
     BANGALORE-62
                                   ... RESPONDENTS

(BY SMT. BHUSHANI KUMAR ADV., FOR R-1
     R2 SERVED)

     THIS MFA IS FILED UNDER SEC.173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 4.9.2012
PASSED IN MVC NO.1522/2011 ON THE FILE OF THE 13TH
ADDITIONAL SMALL CAUSE JUDGE., COURT OF SMALL
CAUSES, MEMBER, MACT, BANGALORE, AWARDING A
COMPENSATION OF RS.1,28,850/- WITH INTEREST @ 6%
P.A FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.

    THESE MFAs COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                            JUDGMENT

These appeals are filed under Section 173(1) of the

Motor Vehicles Act challenging the judgment and award dated

04.09.2012 passed by MACT., Bengaluru in MVC Nos.1521

and 1522 of 2011, whereby, the Tribunal has granted

compensation of Rs.2,39,450/- in MVC No.1521/2011 and

Rs.1,28,250/- in MVC No.1522/2011 and fastened the

liability on the insurance company.

2. Brief facts of the case are that; on 24.02.2011, at

about 10.15 am., when the petitioner in MVC No.1522/2011

was proceeding as a pillion rider in the motor cycle bearing

registration No.KA-41-L-250, the rider of the motor cycle

drove the same in a rash and negligent manner and dashed to

the petitioner in MVC No.1521/2011. Due to the impact,

both the petitioners were sustained grievous injuries.

Immediately after that the petitioner in MVC No.1521/2011

was shifted to Victoria Hospital. Thereafter, shifted to

Sevabhai Hospital, where he was admitted as an inpatient,

and he underwent operation. After recovery from the injuries,

he filed a claim petition under Section 166 of the Motor

Vehicles Act in MVC Nos.1521/2011 and 1522/2011.

3. On service of notice, respondent No.2 was not

appeared before the Court. He has been placed exparte.

Respondent No.1 appeared through his counsel, filed the

written statement. He has admitted the insurance policy in

respect of the motor cycle bearing registration

No.KA-41-L-250 and they have contended that the offending

vehicle was not involved in the accident. They also denied the

claim made in the claim petition and contended that the

accident has taken place due to negligence of the petitioner.

Hence, they sought for dismissal of both the petition.

4. On the basis of the pleadings of the parties, the

Tribunal has framed the following issues:

"1. Whether the petitioner proves that the petitioner has sustained injury due to RTA alleged to have been occurred on 24.2.2011 at about 10.15 a.m. on LBF road, near Masjid

Mavalli, Bangalore due to the rash and negligent driving of the motor bike bearing No. KA-41-L- 250?

2. Whether the petitioner is entitled for compensation? If so what amount & from whom?

3. what order?"

5. To prove the case, the claimants were examined

themselves as PWs.1 and 2 and they have examined

Dr.B.Ramesh as PW3. They have marked 15 documents.

The respondent has examined Smt.Kusuma K as RW1 and

marked 2 documents.

6. On appreciation of the oral and documentary

evidence of the parties, the Tribunal has passed the

impugned judgment and award directing the insurance

company to pay the compensation of Rs.2,39,450/- in MVC

No.1521/2011 and Rs.1,28,250/- in MVC No.1522/2011

with 6% interest per annum.

7. Being aggrieved by the same, the insurance

company has filed these appeals.

8. Sri.S.Krishna Kishore, learned counsel appearing

for the insurance company has contended that as per the

case of the claimants they have suffered injuries in the road

traffic accident occurred on 24.02.2011 due to rash and

negligence driving of the rider of the motor cycle bearing

registration No.KA-41-L-250. They contended that

immediately after the accident, they have been shifted to

Victoria Hospital, Bengaluru. They have produced the OPD

Card in relation to Victoria Hospital as per Ex.5. The Hospital

authorities have not issued the MLC extract. Even though

they claim that they have suffered grievous injuries, there is

no MLC extract which has been issued by the Victoria

Hospital which shows that the injuries suffered by the

claimants are not serious in nature and to make a false claim,

they have implicated this offending vehicle. Therefore, he

sought for allowing the appeal.

9. Per contra, Smt.Bhushani Kumar, learned counsel

appearing for the claimants has contended that it is not in

dispute that immediately after the accident, the claimants

have been shifted to Victoria Hospital where they have taken

treatment as inpatients. Immediately, after that they have

been shifted to Sevabhai Hospital. There the claimants have

undergone surgery. To that effect, the claimants have

produced discharge certificate as per Ex.P12. It is very clear

that the claimants have undergone surgery in the said

hospital. Therefore, it is very clear that the claimants have

suffered the injuries in the said accident. She further

contended that on the same day, the complaint has been

lodged against the rider of the offending vehicle. Police have

filed FIR and after thorough investigation, they filed the

charge sheet. Therefore, she claims that the claimants have

suffered injuries due to the rash and negligent riding of the

rider of the offending vehicle. Hence, she sought for dismissal

of the appeal.

10. Heard learned counsel for the parties. Perused

the impugned judgment and award and original records.

11. It is not in dispute that the claimants have met

with an accident on 24.02.20211 due to involvement of the

motor cycle bearing registration No.KA-41-L-250.

Immediately after the accident, the claimants have shifted to

Victoria Hospital. As per Ex.P5, it is very clear that on the

same day they have been treated as outpatients in the said

hospital. Thereafter, the claimants have been shifted to

Sevabhai Hospital. They have produced Ex.P6 the wound

certificate which has been received by Sevabhai Hospital and

Ex.P7 discharge summary disclose that on the same day, the

claimants have admitted to Sevabhai Hospital. There they

have undergone surgery. To prove that, the claimants also

examined Dr.B.Ramesh - PW3 from the Victoria Hospital who

has categorically stated that the claimants have taken

treatment as outpatients in the Victoria Hospital. Thereafter,

they have been shifted to Sevabhai Hospital. Therefore, it is

very clear from the evidence of PWs.1 to 3 and medical

records produced by the claimants and FIR and charge sheet

that the claimants have suffered injuries in the road traffic

accident occurred on 24.02.2011 due to rash and negligence

driving of the rider of the motor cycle bearing registration

No.KA-41-L-250. The Tribunal was justified in fastening the

liability on the insurance company. There is no error in the

judgment and award passed by the Tribunal. Hence, I decline

to interfere with the order of judgment and award passed by

the Tribunal. Accordingly the appeals are dismissed.

The amount in deposit before this Court is directed to

transfer to the Tribunal.

In view of disposal of the appeals, pending interlocutory

applications will not survive for consideration.

Sd/-

JUDGE

GH