Karnataka High Court
The Oriental Insurance Co. Ltd vs Smt. Maheshi on 8 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8th DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
M.F.A.NO.2874/2011 (MV-D)
BETWEEN:
THE ORIENTAL INSURANCE CO. LTD
JUS COMPLEX,
SAYYAJIRAO ROAD,
MYSORE 570001.
DULY REPRESENTED BY:
THE REGIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
44/45,RESIDENCY ROAD,
BANGALORE-560025
BY ITS MANAGER
...APPELLANT
(BY SRI. A. RAVISHANKAR, ADVOCATE)
AND:
1 . SMT. MAHESHI
AGED ABOUT 43 YEARS
W/O LATE RACHAPPA
2 . SHARATH
AGED ABOUT 21 YEARS
S/O LATE RACHAPPA
3 . KALPANA
AGED ABOUT 63 YEARS
W/O JAVARAIAH
2
4 . JAVARAIAH
AGED ABOUT 68 YEARS
S/O LATE JAVARAIAH
ALL ARE R/O DOOR NO.1239, II CROSS
C V ROAD, II EDIGA
MANDI MOHALLA
MYSORE-570001
5 . N K IBRAHIM
AGED ABOUT 50 YEARS
S/O SRI MOIDEEN KUTTI
R/O NO.4508, 7th CROSS
BAZAAR STREET
N R MOHALLA
MYSORE-570001.
...RESPONDENTS
(BY SRI.P.MAHADEVA SWAMY, ADV. FOR R1, R3 AND R4
R2 AND R5 - SERVICE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 30.10.2010
PASSED IN MVC NO.1328/2009(OLD MVC.NO.394/2000) ON
THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE AND MACT,
MYSORE, AWARDING A COMPENSATION OF Rs.2,50,050/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the insurance
company calling in question the correctness of the
judgment and award dated 30.10.2010 in MVC
No.1328/2009 passed by the VI Addl. District Judge
and MACT, Mysore.
2. Brief facts as projected in the claim petition
are:
On 10.5.2000, at about 8.10 a.m. while
deceased Rachappa (the original claimant) was
walking by the left side of the road, near Kabir
temple, Booth Bangle Road, Mysore, a lorry bearing
Registration No.CMO 9010 insured with the present
appellant, came in a rash and negligent manner and
dashed against the deceased resulting in serious
injuries to him. It is also disclosed from the facts
stated in the judgment that subsequently during the
pendency of the claim petition, on 30.5.2001 original
claimant Rachappa passed away. The case of the
claimants is, the death of the deceased was
essentially on account of the injuries suffered by him
in the accident.
3. Before the learned Tribunal, respondent
No.1 was the driver of the offending lorry and the
petition as against him was dismissed. The insured
owner was respondent No.2 and he was placed
exparte. The appellant-insurance company contested
the proceedings by filing its detailed written statement
denying the material averments made in the claim
petition.
4. During the trial, father of the original
claimant was examined as PW-1 and one orthopedic
surgeon was examined as PW-2. Exs.P1 to P80 were
marked. No witness was examined for the
respondents and no documents were marked for them
either.
5. Learned Tribunal after hearing the learned
counsel on both sides and perusing the records
allowed the claim petition in part awarding
compensation of Rs.2,50,050/- with interest thereon
@ 6% p.a. from the date of the petition till the date of
payment.
6. Learned counsel for the appellant-insurance
company Sri. A. Ravishankar sought to contend that
the judgment and award is erroneous inasmuch as the
claimants have failed to establish by proper evidence
the causal connection between the injuries suffered by
the original claimant in the accident on 10.05.2000
and his subsequent death on 30.05.2001 and
therefore the compensation awarded under several
heads even taking note of the recent decision of the
Hon'ble Supreme Court reported in 2021 SCC Online
S.C.691 in Oriental Insurance Company Limited
Vs. Kahlon @ Jasmail Singh Kahlon (deceased),
through his Legal Representative Narinder
Kahlon Gosakan & another is on the higher side
and therefore the same is liable to be modified. He,
therefore, submits that his appeal is entitled to be
allowed.
7. Learned counsel appearing for the
respondents-claimants, per contra, sought to support
the findings of the learned Tribunal and the award of
compensation made and attempted to sustain the
judgment and award on the basis of the contents in
the case sheets Exs.P79 and P80. He submits that the
judgment and award made by the learned Tribunal is
not unjust or unreasonable and specially taking into
account the fact that the Act under which the claim is
adjudicated is a beneficial legislation and therefore
there is no merit in the appeal and it is liable to be
dismissed.
8. After making submission for some time and
especially after the court pointed out that Exs.P79 and
P80 being the case sheets maintained by the District
Hospital, Mysuru, at an undisputed point of time,
pointing to the strong possibility that the original
claimant had suffered a far more serious injury than
what was projected in Ex.P3 and through evidence
before the learned Tribunal and therefore in the
interest of justice another opportunity may have to be
afforded to the claimants to place on record the
nature of the injuries/fractures suffered with an
opportunity to the learned counsel for the insurance
company to controvert the same by cross examining
the witnesses and also to lead such further rebuttal
evidence that may be felt necessary, learned counsel
on both sides fairly submitted that such an approach
could be legitimately had in this case and in that view
of the matter, I am satisfied that in the interest of
justice, the judgment and award is required to be set
aside with a direction to the learned Tribunal to have a
fresh look at the matter after affording opportunities
to both sides to lead evidence and cross examine
witnesses.
9. Accordingly, in the interest of justice, the
judgment and award impugned herein is set aside
with a direction to the learned Tribunal to afford
opportunities to the parties to lead such further
evidence including cross examining the witnesses to
establish their mutual cases and thereafter dispose of
the claim petition in accordance with law.
Send the records to the learned MACT forthwith.
The amount in deposit before this court shall be
refunded to the appellant forthwith for the time being.
Since the accident is of the year 2000 and the
matter has been pending before this court since 2011,
there is a need for this court to issue a direction to the
learned MACT to dispose of this matter as
expeditiously as possible and in any event on or
before 12.08.2022.
The parties shall appear before the learned
Tribunal without further notice from the MACT on
28.02.2022 at 11.00 a.m.
Sd/-
JUDGE
Dvr:
