Basanagouda S/O Mallanagouda vs N.A. Iqbal S/O Ahmed
2022 Latest Caselaw 1441 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

        DATED THIS THE 1ST DAY OF FEBRUARY 2022

                           PRESENT

         THE HON'BLE MR. JUSTICE S.G. PANDIT

                            AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                MFA No.101635/2016 (MV)

BETWEEN

     BASANAGOUDA S/O MALLANAGOUDA
     BASANAGOUDAR
     SINCE DECEASED R/BY HIS LRS

1.   MALLESHAPPA @ MALLANAGOUDA
     S/O BASANAGOUDA BASANAGOUDAR
     AGE:53, OCC. AGRICULTURE

2.   SMT.MAHADEVAKKA
     W/O MALLESHAPPA
     BASANAGOUDAR
     AGE:48, OCC. AGRICULTURE

3.   GAYATRI D/O MALLESHAPPA
     BASANAGOUDAR, AGE:MAJOR28
     OCC. AGRICULTURE

     ALL ARE R/O KADUR
     TQ.HIREKERUR
     DIST. HAVERI 581110
                                          ...APPELLANTS
(BY SRI. PATIL M H, ADVOCATE)
                                     2



AND
   N.A. IQBAL S/O AHMED
1. AGE:28 YEARS
   OCC. BUSINESS
   R/O FATIMA MANZIL
   BHASKAR NAGAR
   YADEYUR ROAD UJIRE
   TQ. UDUPI 576101

2. THE DIVISIONAL MANAGER
   NATIONAL INSURANCE CO.LTD.,
   R/O SUJATHA COMPLEX
   P.B. ROAD, HUBBALLI 580020
                                         ...RESPONDENTS
(BY SMT. SHARMILA M PATIL, ADVOCATE FOR R2,
 NOTICE TO R1 IS DISPENSED WITH)

      THIS APPEAL IS FILED UNDER SECTION 173 (1) OF MV
ACT, 1988 AGAINST THE JUDGEMENT AND AWARD DATED
30.10.2015 PASSED IN MVC NO.16/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND MEMBER, MACT, HIREKERUR,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.

    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:

                        JUDGEMENT

This appeal is filed by the claimants in MVC

No.16/2012 on the file of the Senior Civil Judge and MACT,

Hirekerur (for short, 'the Tribunal') challenging the

judgement and award dated 30.10.2015.

2. It is noticed that the claim petition was filed in

MVC No.380/1999 claiming compensation for the injuries

sustained by original claimant Basanagouda S/o

Mallanagouda Basanagoudar. During the pendency of the

said proceeding, Basanagouda died on 20.10.2001 and the

application filed by the dependants of Basanagouda to

come on record was rejected. The dependants of

Basavanagouda filed MFA No.20738/2009 before this

Court. This Court allowed the appeal and remanded the

matter to consider the claim of the dependants of late

Basanagouda.

3. After hearing the parties, the Tribunal allowed

the claim petition filed by the dependants of the original

claimant and awarded compensation of Rs.2,27,000.00.

The Tribunal held that there is no nexus between the

accident and the death of Basanagouda and accordingly

awarded compensation under the heads of medical

expenses, attendant charges, conveyance charges and loss

of income during the laid-off period. Aggrieved by the said

judgement and award passed by the Tribunal, the

claimants are before this Court.

4. We have heard learned counsel for the

appellants as well as learned counsel for the insurer.

5. The insurer has admitted coverage. However,

has disputed the claim of the appellants relating to the

alleged nexus between the death of Basanagouda and the

accident.

6. Learned counsel for the appellants to justify his

contention that the death has occurred on account of the

accident would place reliance on Ex.P.4 i.e. postmortem

report. In the post-mortem report, there is an indication

that the death might have occurred on account of the

accident which took place on 10.02.1999.

7. This Court perused the records as well as the

photographs of the deceased and the injuries sustained by

Basanagouda in the accident that occurred on 10.02.1999.

8. It is noticed that the doctor who has conducted

the postmortem is not examined. The Tribunal based on

the evidence available on record has concluded that there

is no nexus between the death of Basanagouda and the

accident. Considering the nature of injuries which is visible

from the photograph as well as the medical records that

are available on record, we deem it appropriate to remit

the matter to the Tribunal permitting both the parties to

lead evidence of expert doctor or the doctor who

conducted postmortem to ascertain as to whether the

injuries sustained by the original claimant Basanagouda

could lead to the death two years after the accident.

9. Accordingly, we pass the following:

ORDER

The appeal is allowed in part.

The judgment and award dated 30.10.2015 passed

in MVC No.16/2012 on the file of the Senior Civil Judge

and MACT, Hirekerur is set aside and the matter is

remitted back to the Tribunal for fresh consideration in

accordance with law.

The parties shall appear before the Tribunal on

02.03.2022 without awaiting any fresh notice from the

Tribunal.

No opinion is expressed on the question as to

whether the death of Basanagouda is on account of an

accident that took place on 10.02.1999 or not?. The

finding on this point has to be arrived at by the Tribunal

after considering evidence to be led by the parties on the

issue relating to the cause of death.

Sd/-

JUDGE

Sd/-

JUDGE

sh