Karnataka High Court
The Oriental Insurance Co.Ltd vs Shivamma W/O Basappa Totad And Anr on 14 January, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.205161/2015 (GM-AC)
BETWEEN:
The Oriental Insurance Co.Ltd.,
Cover Note No.278793,
Valid from 07.02.2005 to 06.02.2005,
(Summons through Bijapur Branch)
Presently represented by its
Senior Divisional Manager,
The Oriental Insurance Co. Ltd.,
Divisional Office,
Bidari Complex, 1st Floor,
S.S.Front Road,
Vijayapura-586101.
... Petitioner
(By Sri Sudarshan M., Advocate)
AND:
1. Shivamma W/o Basappa Totad,
Aged about 58 years,
Occ: Agriculture & Coolie, Now Nil,
R/at Bidarakundi, Taluk: Muddebihal,
Dist: Vijayapur-585101.
2. Channamallappa S/o Doddabasappa Kadur,
Age: Major, Occ: Business & Agriculture,
R/at Bidarakundi, Taluk: Muddebihal,
Dist: Vijayapur-585101.
... Respondents
(R1 & R2 served)
2
This Writ Petition is filed under Articles 226 and 227 of the
Constitution of India, praying to issue a writ of certiorari by quashing the
impugned Judgment and Award dated 25.09.2014 in MVC No.107/2006
passed by the VIII Motor Accident Claims Tribunal & Senior Civil Judge &
JMFC, Muddebihal, vide Annexure-M and etc.
This petition coming on for preliminary hearing in 'B' group this
day, the Court made the following:
ORDER
This petition by the Insurance Company is directed
against the impugned judgment and award dated 25.09.2014
passed in MVC No.107/2006 by the VIII Addl. MACT,
Muddebihal whereby the claim petition filed by the respondent
No.1-claimant who sustained injuries in a road traffic accident
that occurred on 9.10.2005 was allowed by the Tribunal
thereby awarding compensation in a sum of Rs.6,000/- in
favour of the respondent No.1-claimant.
2. Heard learned counsel for the petitioner - Insurance
Company and perused the material on record. The
respondents having been served with the notice of this
petition, they have chosen to remain un-represented and have
not contested this petition.
3. A perusal of the impugned judgment and award
would indicate that the MACT has correctly and properly
considered and appreciated the entire material on record and
has come to the correct conclusion that the compensation
payable in favour of the claimant is just, proper and
reasonable. As held by the Hon'ble Apex Court in the case of
M/s. Garment Craft vs. Prakash Chand Goel passed in
SLP (C) No.13941/2021 dated 11.01.2022, this court cannot
re-appreciate and re-evaluate the evidence while exercising its
powers under Article 227 of the Constitution of India. In the
facts and circumstances of the case, the impugned judgment
and award does not suffer from any illegality or infirmity
resulting in failure of justice and warranting interference by this
court in exercise of its jurisdiction under Article 227 of the
Constitution of India as held by the Apex Court in the case of
Radhey Shyam & Anr. Vs. Chhabinath & Ors. reported in
(2015) 5 SCC 423.
Accordingly, I do not find any merit in the petition and
the same is hereby dismissed.
Sd/-
JUDGE
NSP/swk
