Karnataka High Court
Smt Annapurnamma vs Panchatcharam on 12 January, 2021
Author: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
MFA No.11198 OF 2012 (MV)
BETWEEN:
1. SMT ANNAPURNAMMA
W/O LATE G KUMAR
HINDU NOW AGED 44 YEARS
2. K SURESH
S/O LATE G KUMAR
HINDU NOW AGED 22 YEARS
3. K SUMA
W/O SHANKAR
HINDU NOW AGED 24 YEARS
PETITIONERS 1 & 2 ARE PERMANENT
RESIDENTS OF BYRAPPANA PALYA
NARASIPURA POST, SOMPURA HOBLI
NELAMANGALA TALUK
BANALORE RURAL DISTRICT
PETITIONERS ARE PRESENTLY RESIDING AT NO.13
24TH CROSS, BAGALAGUNTE, BNAGALORE-73
...APPELLANTS
(BY SRI. T C SATHISHKUMAR, ADVOCATE)
AND
1. PANCHATCHARAM
S/O DURAI, HINDU MAJOR
R/AT NO.32, WARD 32
MARIYAMMAN KOIL
2
7TH CROSS STREET
TIRUVANNAMALAI DISTRICT
TAMIL NADU STATE
2. THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD
NO.95, I FLOOR, BIG STREET
THIRUVANNAMALAI-636601
TAMIL NADU STATE
...RESPONDENTS
(BY SRI. M S VISHWANATH, ADVOCATE FOR R1
SRI. KRISHNA KISHORE, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED 04.09.2012
PASSED IN MVC NO.4628/2011 ON THE FILE OF THE MEMBER,
MACT, COURT OF SMALL CAUSES, VIII ADDITIONAL JUDGE,
BANGALORE ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA, COMING ON FOR HEARING, THIS DAY, THIS
COURT, DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants under
Section 173(1) of the Motor Vehicles Act challenging
the judgment and award dated 04.06.2011 passed by
the MACT, Bangalore City in MVC No.4628/2011.
2. The learned counsel appearing for the
appellant - claimants contended that during the
pendency of the claim petition before the Tribunal he
was unable to produce the salary certificate to prove
the income of the deceased and IA No.1/2013 is filed
seeking for production of additional documents.
3. The learned counsel appearing for the
respondents submits that the respondent has to verify
the document produced by the claimants and
therefore the matter may be remanded back to the
Tribunal with liberty to the appellants to produce the
additional document before the Tribunal.
4. Heard the learned counsel for the parties.
Perused the judgment and award.
5. The appellant produced the additional
document - salary certificate of the deceased to prove
that deceased was earning Rs.20,595/- per month and
the claimants were unable to produce the same before
the Tribunal.
6. In view of the submissions made by the
parties and in the interest of justice, the matter
requires to be remanded back to the Tribunal for fresh
consideration.
7. Accordingly, the appeal is allowed and the
judgment and award passed by the Tribunal is set
aside only in respect of quantum of compensation is
concerned and in respect of liability is concerned, the
same is confirmed. The matter is remanded back to
the Tribunal for fresh consideration. The appellants
are permitted to produce the additional documents
before the Tribunal. The Tribunal is directed to
consider the additional documents produced by the
parties and pass appropriate orders after hearing the
parties afresh.
Registry is directed to return the original
document submitted by the appellants along with IA
No.1/2013.
Since the matter relates to the accident of the
year 2011, in the interest of justice, the parties are
directed to appear before the Tribunal at 11.00 a.m.
on 03.03.2021, without any notice. The Tribunal is
directed to dispose of the matter within four months
from the date of appearance of the parties.
In view of disposal of the appeal, IA No.1/2013
does not survive for consideration.
Sd/-
JUDGE
Cm/-
