Kadappa S/O Basappa Talandagi vs Shivakumar Maruti Shettennver
2022 Latest Caselaw 5570 Kant

                                 IN THE HIGH COURT OF KARNATAKA
                                         DHARWAD BENCH

                              DATED THIS THE 28TH DAY OF MARCH, 2022

                                               BEFORE

                             THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                                  M.F.A. NO. 23329 OF 2012 (MV-I)

                      BETWEEN:

                           KADAPPA S/O. BASAPPA TALANDAGI,
                           AGE: 50 YEARS, OCC: AGRICULTURE,
                           R/O. HANCHINAL, TQ: HUKKERI,
                           DIST: BELGAUM
                                                                     ... APPELLANT
                      (BY SRI. SHIVARAJ P MUDHOL, ADVOCATE)

                      AND:

                      1.   SHRI SHIVAKUMAR MARUTI SHETTENNVER,
                           AGE: 28 YEARS, OCC: BUSINESS,
                           R/O.: ALUR, TQ: HUKKERI, DIST: BELGAUM.

                      2.  THE MANAGER,
                          ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
                          HAVING ITS OFFICE AT: KHANAPUR ROAD,
                          NEAR RPD CROSS, TILAKWADI,
                          DIST: BELGAUM
        Digitally
        signed by J                                           ... RESPONDENTS
        MAMATHA
J       Location:     (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2;
MAMATHA Dharwad        NOTICE TO R1 HELD SUFFICIENT)
        Date:
        2022.03.30
        11:40:01
        +0530
                            THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT,
                      AGAINST THE JUDGMENT AND AWARD DATED 16.04.2012,
                      PASSED IN MVC NO.2615/2010 ON THE FILE OF THE P.O.,
                      FAST TRACK COURT-III, AND MEMBER MACT, BELGAUM,
                      DISMISSING THE PETITION FILED UNDER SECTION 166 OF
                      M.V. ACT.

                           THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
                             -2-




                                    MFA No. 23329 of 2012


                      JUDGMENT

1. This appeal arises out of the dismissal of

the claim petition.

2. The Tribunal has dismissed the claim

petition on the ground that the medical records

that had been summoned indicated that it was a

case of "fall from bullock cart" and "self fall".

3. Ex.R2 also contains the following

endorsement, which reads as under:

"LATE MLC

H0/o RTA at 2.45 p.m. on 23/9/10 near Bhaji Market Belgaum motorcycle no.KA-23/X -2700

O/E Concise oriented PR84

BP 24/80

Pupils BIRL

L/I deformity of Left hip joint swelling a tenderness # neck femur left

Advise:

Admit in an ortho B Unit

Inform duty doctor"

MFA No. 23329 of 2012

4. It is thus clear that the medical records

are contradictory to each other. It is to be stated

here that an entry in the medical records are made

by either the medical personnel or paramedical

personnel of a Hospital and the source of their

information would also not be indicated in these

records.

5. Since the medical personnel themselves

registered this case (old MLC) and clearly

mentioned that it was a case of road traffic

accident at 2:45 p.m., in my view it would be

appropriate to remand the matter to the Tribunal

reserving liberty to both the claimant and the

respondents to adduce such evidence as they may

desire to establish whether an accident arising out

of the use of a motor vehicle had occurred or not.

6. The impugned order is therefore set aside

and the matter is remitted back to the Tribunal for

consideration afresh. The Tribunal shall make

MFA No. 23329 of 2012

every endevour to dispose off the claim petition

within three months from the date of receipt of a

certified copy of this order.

Sd/-

JUDGE Vnp*