Karnataka High Court
The Divisional Manager vs Sakunabai on 14 December, 2021
Bench: Ravi V.Hosmani
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 14 T H DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE RAVI V.HOSMANI
M.F.A.No.22269/2013 (MV)
BETWEEN:
THE DIVISIONAL MANAGER
THE NATIONAL IN SURANCE COM PAN Y LTD.,
D.O. RAMADEV GALLI, BELGAUM
NOW REPRES ENTED BY
THE DEPUTY MANA GER,
NATIONAL INSURA NCE COMPANY LTD .,
REGIONAL OFFICE, HUBLI.
... APPELLANT
(BY SRI. M.Y. KAT AGI, ADVOCAT E)
AND:
1. Smt. Sakunabai
W/o Akash Pawar,
Age: 28 ye ars
Occ: Ho useho ld work
R/o Athani, Tal A thani
Dist: Be lgaum.
2. K umar S iddu
S/o Akash Pawar
Age: 12 ye ars
Occ: S tude nt,R/o Athani
Tal: A thani,D ist: Belgaum.
3. Kumari Lakkavva
D/o Akash Pawar
Age: 10 ye ars
R/o Athani,T al: Athani
Dist: Be lgaum.
2
4. Kumar Dharma
S/o Akash Pawar
Age: 8 years
Occ: S tude nt,R/o Athani
Tal: A thani, D ist: Be lgaum.
Responde nts No. 2 to 4 be ing mino rs
Represented by their M/G
Natural mothe r, re s.No.1)
5. Shri S iddappa Bhimarao Pawar
Age: 7 years
Occ: N il, R/o Athani
Tal: A thani, D ist:Belgaum.
6. Smt. Janabai
W/o S iddappa Pawar
Age: 66 ye ars
Occ: Ho useho ld work
R/o Athani,T al: Athani
Dist: Be lgaum.
7. Mahadev Bha;Chandra Sawant
Age: Major
Occ: Business,R/o Harugeri
Tq: Taiba,D ist; Be lgaum.
... RES PONDENTS
(BY SRI, K ANAND KUMAR, ADVOCATE, F OR R.1 T O R6.)
R.2 TO 4 MINORS REPTD. BY R.1.
R.5 AND R.7 S ERV ICE HELD SUFFICI ENT.
THIS MISC.FIRST APPEAL IS FI LED UNDER S ECT ION
173(1) OF MOT OR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04.01.2013 PASSED IN MVC
NO.529/ 2007 ON THE FILE OF THE FAST TRACK COURT-I AND
MEMBER ADDITIONAL MACT BELGA UM, AWARDING
COMPENSATION OF RS.6,45,000/- WITH INTEREST AT THE
RATE OF 8% P.A . FROM THE DAT E OF PETITION T ILL ITS
REAISATION.
THIS APPEAL COMI NG ON F OR ADMISSION THIS DAY, T HE
COURT , D ELIVERED THE F OLLOWING:
3
JUDGMENT
Challenging judgment and award dated 04.01.2013
passed by Fast Track Court -I and Member, Additional
MACT, Belagaum (for short, 'Tribunal') in MVC
No.529/2007, this appeal is filed by insurer.
2. This matter coming on for admission today with
consent of learned counsel for both parties, it is taken up
for final disposal.
3. Shri M.Y. Katagi, learned counsel for appellant
insurer submitted that in an accident that occurred on
21.10.2006, near Athani when rider of Hero Honda
Splendor motorcycle bearing registration no.KA-23-U-460
dashed against pedestrian Akash Siddappa Pawar,
sustained grievous injuries. He was immediately shifted to
Dr. Naik hospital, Athani and thereafter to Wanless
hospital, Miraj. One day after discharge, he died at his
residence i.e., on 07.01.2007. Alleging death of Akash
Siddappa Pawar was due to injuries sustained in accident,
claim petition was filed by his wife, three minor children
and parents under Section 166 of the Motor Vehicles Act
1988 (hereinafter referred to as 'MV Act') against owner
and insurer of motorcycle.
4. The claim was contested, wherein insurer denied
accident, involvement of insured vehicle and also nexus
between injuries caused in accident and death. After trial,
tribunal held that accident occurred due to rash and
negligent riding of insured motorcycle and death was on
account of injuries sustained in accident and held insurer
is liable to pay compensation assessed by it.
5. Challenging said award, insurer is in appeal. It
was submitted that as per claimant, accident occurred on
21.10.2006 at about 13.30 hours, but complaint was given
on 25.10.2006 at 9 a.m. i.e., after delay of 5 days.
Further Ex.R.7 - wound certificate issued by Dr.Naik
hospital, Athani described nature of injuries as 'simple'
and age of injury as 'old'. Even in Ex.R.1 - hospital
records of Wanless hospital, description was similar. Apart
from above, it was submitted that no Post-mortem report
was produced to establish that death of Akash Pawar was
due to injuries sustained in accident.
6. On the other hand, Sri.K.Anand Kumar, learned
counsel for respondent-claimant sought to support award.
It was submitted that immediately after accident, claimant
was admitted to Dr. Naik hospital at Athani, where he was
inpatient till 24.10.2006. As per Ex.R.7, Dr.Naik hospital
referred patient to Wanless hospital, Miraj for further
treatment, on 24.10.2006. Ex.R.1 - wound certificate
issued by Wanless hospital indicates date of admission of
Akash Pawar as 24.10.2006. Claimant was under
treatment at Wanless hospital till 05.01.2007. Entire
treatment records at Wanless hospital indicate that
claimant sustained injury, which got infected and his
condition was critical. After prolonged hospitalisation,
Akash Pawar was discharged on 05.01.2007 as there was
no improvement. Immediately after his discharge, Akash
Pawar died at his residence on 07.01.2007. As on date of
death, Akash Pawar was 40 years and there was no other
reason for his death. It was submitted that production of
post mortem report was not mandatory.
7. From the above submission occurrence of
accident and Akash Pawar sustaining injuries in said
accident is not in dispute. Issuance of insurance policy
and its validity as on date of accident is also not in
dispute. While insurer contended that accident was not
caused by insured vehicle. Claimant sought to contend
otherwise. Therefore, points that arise for consideration
in this appeal are:
i) Whether tribunal was justified in
holding that Akash Siddappa Pawar
sustained injuries in accident caused
by insured vehicle?
ii) Whether tribunal was justified in
concluding that death of Akash Pawar
was due to injuries sustained in
accident?
Point No.1:
8. In order to establish occurrence of accident,
claimant produced certified copy of FIR, complaint, spot
panchanama, death certificate and hospital records.
Ex.P.1 was registered on the complaint of Ex.P.2 on
25.10.2006 at 9 a.m. Though there is delay of 5 days in
filing complaint, Ex.R.7 - wound certificate indicate that
claimant was admitted to hospital immediately after
accident and remained inpatient till 24.10.2006. When his
condition worsened and required higher treatment in
different hospitals. Ex.P.5 - daily treatment bills issued by
Walness hospital, Miraj, record admission of Akash Pawar
as MLC case. Both Ex.R.1 and R.7 wound certificates
mention history of injuries as due to road traffic accident.
Police have registered case against rider of motorcycle.
Therefore, there is sufficient justification for tribunal to
hold that accident occurred due to rash and negligent
riding of motorcycle by its rider. Hence, point no.1 is
answered in affirmative.
Point no.2:
9. Admittedly, Akash Siddappa Pawar was an
inpatient in Dr. Naik hospital from 21.10.2006 to
24.10.2006, thereafter at Wanless hospital, Miraz till
05.01.2007. Treatment records of Wanless hospital
marked as Ex.P.5 indicate infection at left thigh due to
burn injury from silencer of vehicle in road traffic
accident. There is mention of cellulitis of leg and
osteomylitis left femur with septic arthritis of left knee
joint. Ex.P.6- treatment records indicate granulation
tissue and section shows psicules of dead bone and
synovial tissue showing edema, congestion and marked
infiltration by lymphocytes etc. As death occurred within
two days after discharge from hospital, without noting any
other cause for death, merely on the ground that no post
mortem was conducted, it cannot be held that death of
Akash Pawar was not on account of injuries sustained in
the accident. Suggestions made during cross-examination
are in the nature of admission. Hence, tribunal would be
justified in concluding that death was on account of
injuries sustained in accident. There are no good grounds
made out to interfere with the finding of tribunal. Point
for consideration is answered in affirmative. There is no
merit in the appeal. In the result, I pass the following:
ORDER
Appeal is dismissed.
Amount in deposit is transmitted to the
tribunal for disbursement.
Appellant is directed to deposit balance
compensation amount within six weeks from
date of receipt of copy of this order.
Sd/-
JUDGE
Psg*
