R H Manjunath vs The Manager Bajaj Allianz General
2022 Latest Caselaw 8983 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU


          DATED THIS THE 16TH DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

     MISCELLANEOUS FIRST APPEAL No.2505/2014(MV-I)

BETWEEN:

R.H. MANJUNATH
S/O T.HANUMAPPA
AGED ABOUT 35 YEARS
R/AT RAJAGATTA VILLAGE & POST
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT - 561 203
                                           ...APPELLANT
(BY SMT. BHUSHANI KUMAR, ADVOCATE)

AND:

1.      THE MANAGER
        BAJAJ ALLIANZ GENERAL
        INSURANCE CO. LTD.
        GROUND FLOOR, NO.31
        TBR TOWER, 1ST CROSS
        NEW MISSION ROAD
        NEAR BANGALORE STOCK EXCHANGE
        BANGALORE - 560 027

2.      MR.SHAHABUDDIN
        S/O SHRI HANSU KHAN
        UNTAKA VILLAGE
                             2


     TEN NUH, MEWAT
     HARAYANA - 122 107
                                   ... RESPONDENTS
(BY SRI O.MAHESH, ADVOCATE FOR R1;
    VIDE ORDER DATED 05.12.2017, NOTICE
    TO R2 IS DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
25.06.2013 PASSED IN MVC NO.973/2011 ON THE FILE OF
THE COURT OF SMALL CAUSES, MEMBER, PRINCIPAL
MACT, BANGALORE, DISMISSING THE CLAIM PETITION
FOR COMPENSATION.

     THIS MFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                      JUDGMENT

Heard the learned counsel for the appellant and

learned counsel for respondent No.1.

2. This appeal is arising out of judgment and

award dated 25.06.2013 passed in M.V.C.No.973/2011

passed by the Court of Small Causes at Bangalore.

3. The Tribunal has dismissed the petition on the

ground that the claimant has not examined the doctor who

has issued the wound certificate and discharge summary.

4. There are other two matters namely

M.V.C.Nos.971/2011 and 972/2011 disposed of by the

common judgment and award. Against those judgments

and awards, appeals were filed before this Court in MFA

Nos.2503/2014 and 2504/2014. This Court by order dated

19.02.2019 has remanded the matter to the Tribunal for

fresh consideration in accordance with law by affording

opportunity to the claimant to examine the doctor. That

being the position, this Court is also of the opinion that this

matter has to be remanded affording opportunity to the

claimant to examine the doctor who has issued the wound

certificate and discharge summary.

5. Learned counsel for respondent No.1 would

submit that because of the lapse on the part of the

claimant, the claim petition was dismissed and now the

matter is being remanded, the insurance company is not

liable to pay the interest for the period from the date of

dismissal of the petition to the date of final disposal of the

petition after the remand.

6. In the connected two matters no such order is

passed. Under the circumstances, this Court is of the

opinion that no such order can be passed at this stage and

it is left to the Tribunal to pass appropriate order relating

to the interest at the time of disposal of the petition.

7. Hence, the appeal is allowed in part. The

matter is remanded back to the Tribunal. The parties shall

appear before the Tribunal on 05.07.2022 without waiting

for notice from the Court and parties are at liberty to lead

evidence in the matter and the Tribunal shall decide the

case in accordance with law.

In terms of order dated 16.02.2018 delay of 168

days in filing the appeal was condoned subject to condition

that the appellant is not entitled for interest for the

delayed period. Tribunal shall bear that aspect in mind in

the event of awarding interest on compensation.

Sd/-

JUDGE

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