Mr Sukhil vs Royal Sundaram Alliance ...
2021 Latest Caselaw 77 Kant

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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.

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

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