Smt.Surekha @ Channavva And Anr vs Sri.Ganesh S/O Baburao Kagne And ...
2022 Latest Caselaw 539 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 12TH DAY OF JANUARY 2022

                             PRESENT

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                                AND

       THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

                  M.F.A. NO.200670/2017 (MV)
BETWEEN:

1.     Smt. Surekha @ Channavva
       W/o Ravasaheb Bugade
       Aged about 38 Years, Occ: Household work
2.     Laxmi D/o Ravsaheb Bugade
       Aged about 22 Years
       Occ: Household work
       Both are R/o Talasangi
       Tq. Mangalwedha, Dist. Solapur
       Now residing at Jalanagar
       Vijayapur
                                                    ... Appellants
(By Sri S.S. Mamadapur, Advocate)

AND:

1.     Sri Ganesh S/o Baburao Kange
       Age: Major, Occ: Business
       R/o Bhawaninagar Kandhar
       Dist. Nanded-431714
       Maharashtra

2.     United India Insurance Co. Ltd.,
       S.S. Front Road, Vijaypur-586 101
                                                  ... Respondents
(By Sri Manvendra Reddy, Advocate for R2;
 Notice to R1 is held sufficient)
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        This Miscellaneous First Appeal is filed under Section 173 (1) of
MV Act, praying to set aside the impugned judgment and award dated
11.01.2017 passed by the learned Principal Senior Civil Judge & Member
MACT-V, Vijaypur in MVC.No.966/2014 and consequently allow the claim
petition as prayed for.

       This  appeal    coming      on     for    hearing,    this   day,
S.R.Krishna Kumar J., delivered the following:


                             JUDGMENT

This appeal by the claimants is directed against the

impugned judgment and award dated 11.01.2017 passed by

the Principal Senior Civil Judge and MACT-V, Vijayapur (for

short the 'Tribunal') whereby the claim petition filed by the

appellants - claimants was dismissed by the Tribunal.

2. Heard learned counsel for the appellants and

learned counsel for respondent No.2 - Insurance Company

and perused the material on record. Respondent No.1 though

was served with the notice of this appeal, has chosen to

remain un-represented.

3. A perusal of the material on record will indicate that

though the appellants-claimants adduced both oral and

documentary evidence in support of their contentions that the

deceased Ravasaheb Bugade was proceeding along with one

Amoghsidda Bugade on 18.12.2014 on a motorcycle bearing

Reg.No.MH-13/AY-1193 when the fatal road traffic accident

occurred resulting in his death and despite the respondents

producing oral and documentary evidence in support of their

defence, the Tribunal has not properly and correctly

considered and appreciated the pleadings and evidence and

has instead proceeded to pass the impugned judgment and

award based on surmises and conjunctures and without

reference to the material on record, thereby resulting in

erroneous conclusion.

4. Under these circumstances, without expressing any

opinion on the merits/demerits of the rival contentions, we

deem it just and appropriate to set aside the impugned

judgment and award and remit the matter back to the Tribunal

for reconsideration afresh in accordance with law after giving

one more opportunity to the parties to adduce further oral and

documentary evidence, if they so desire.

5. In the result, we pass the following:

ORDER

(i) The appeal is hereby allowed.

(ii) The impugned judgment and award passed in MVC No.966/2014 dated 11.01.2017 by the MACT No.V, Vijayapur is set aside. The matter is remitted back to the Tribunal for reconsideration afresh in accordance with law after hearing both parties within a period of six months from the date of receipt of a copy of this order.

(iii) Liberty is reserved in favour of the parties to adduce such further oral and documentary evidence, if any, in support of their claims. All rival contentions are kept open. No opinion is expressed on the same.

Sd/-

JUDGE

Sd/-

JUDGE

BL