Karnataka High Court
The United India Insurance Co. Ltd vs Minor Pari Mohammed Mufeez on 6 January, 2023
Bench: M.I.Arun
-1-
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO. 7463 OF 2019 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7028 OF 2019 (MV-I)
IN MFA NO.7463 OF 2019:
BETWEEN:
1. MINOR PARI MOHAMMED MUFEEZ
S/O. PARI SHABBAR
AGED ABOUT 16 YEARS
REP. BY HIS GUARDIAN FATHER PARI SHABBAR
S/O. PARI AHAMMED
AGED ABOUT 51 YEARS
R/O. KALI HITHLU, SHIROOR VILLAGE
KUNDAPURA TALUK.
Digitally signed
...APPELLANT
by V (BY SRI NAGARAJA H.R., FOR
MANJUSHA BAI
Location: High
SRIRAM LAW ASSOCIATES, ADVOCATES)
Court of
Karnataka AND:
1. SRI BUDDI MOHAMMED YAKUN
S/O. IBRAHIM BUDDI MOHAMMED
AGED:MAJOR
R/O. NEW COLONY, AJAD ROAD
SHIROOR VILLAGE, KUNDAPURA TALUK.
2. THE UNITED INDIA INSURANCE CO. LTD.
BRANCH OFFICE: BHATKAL
BOX NO.78, JEWEL PLAZA, 1ST FLOOR
MARUTHI VEETHIKA, UDUPI
REP. BY ITS DIVISIONAL MANAGER.
...RESPONDENTS
-2-
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
(BY SRI RAVISH BENNI, ADVOCATE FOR R.2;
R.1-SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 21.05.2019, PASSED BY THE
MOTOR ACCIDENT CLAIMS TRIBUNAL, UDUPI (SITTING AT
KUNDAPURA) KUNDAPURA, IN MVC NO.467/2017 AND AWARD
JUST AND REASONABLE COMPENSATION CONSIDERING THE
GRAVITY OF THE INJURY, PERMANENT DISABILITIES AND
OTHER SURROUNDING CIRCUMSTANCES, WHICH IS
PRODUCED AT ANNEXURE-A AND ETC.
IN MFA NO.7028 OF 2019:
BETWEEN:
1. THE UNITED INDIA INSURANCE CO. LTD.
BRANCH OFFICE
REPRESENTED BY DIVISIONAL OFFICE,
UDUPI, BOX NO.78, JEWEL PLAZA
1ST FLOOR, MARUTHI VEETHIKA - 576 101.
...APPELLANT
(BY SRI RAVISH BENNI, ADVOCATE)
AND:
1. MINOR PARI MOHAMMED MUFEEZ
S/O. PARI SHABBAR,
AGE: 16 YEARS,
REP. HIS GUARDIAN FATHER PARI SHABBAR
AGE:51 YEARS,
S/O. PARI AHAMED, R/O. KALI HITHLU
SHIROOR VILLAGE, KUNDAPUR TALUK
UDUPI DISTRICT - 576 228.
2. BUDDI MOHAMMED YAKUN
S/O. IBRAHIM MOHAMMED
R/O. NEW COLONY, AJAD ROAD
SHIROOR VILLAGE, KUNDAPURA TALUK
UDUPI DISTRICT - 576 228.
...RESPONDENTS
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MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
(BY SRI NAGARAJA HEGDE, ADVOCATE FOR R.1;
R.2: NOTICE DISPENSED WITH VIDE ORDER DATED
12.09.2019)
THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 21.05.2019,
PASSED IN M.V.C. NO.467/2017, BY REDUCING REASONABLY
ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND
ADDITIONAL MACT., UDUPI (SITTING AT KUNDAPURA)
KUNDAPURA IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.
THESE APPEALS COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFEREING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the judgment and award dated 21.05.2019
passed by the Additional District Judge & Additional MACT,
Udupi (for short 'the Tribunal') in MVC No.467/2017, the
petitioner therein has preferred MFA No.7463/2019 and
respondent No.2 - Insurance Company has preferred
MFA No.7028/2019.
2. For the sake of convenience, the parties are
referred to herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
That on 17.11.2016 at about 12.30 p.m., the petitioner
who was the pillion rider of the motor cycle bearing registration
No.KA.20.ED.1388, met with an accident near Hadavinakone
School, Hadavinakone road, Shiroor village, Kundapur Taluk,
with an auto rickshaw bearing registration No.KA.20.D.6381
which was duly insured with the second respondent and
petitioner sustained grievous injuries. The Tribunal has
awarded a compensation of Rs.18,33,500/- along with interest
at the rate of 6% p.a. from the date of petition till the date of
payment in favour of the petitioner.
4. Not satisfied by the said compensation, petitioner
has preferred MFA No.7463/2019 and aggrieved by the same,
respondent No.2 - Insurer has filed MFA No.7028/2019.
5. In MFA No.7463/2019, the petitioner has filed
I.A.No.2/2022 for production of additional documents on the
ground that the injury caused due to the accident warranted
the petitioner to take continuous medical treatment and has
incurred huge expenses towards the same and that he was not
in a position to produce the same before the Tribunal, as he
himself was not aware that he would be required to take such
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
treatment and that in law he is entitled to recover the amount
spent by him on such treatment from the second respondent -
Insurer.
6. Learned Advocate for the second respondent
submits that the said treatment has no nexus with the injury
sustained in the accident and prays for rejection of the said
application.
7. However, both the learned counsel for the appellant
as well as second respondent agree with the contentions urged
by the petitioner requiring recording of evidence and marking
of exhibits which can be done only by the Tribunal and prays
that in the interest of justice, the matter may be remanded
back to the Tribunal. Hence, the following:-
ORDER
i. Appeals stand allowed-in-part.
ii. The judgment and award impugned in these
appeals are hereby set aside insofar as it relates to
the question pertaining to quantum of compensation
awarded and the matters are remanded back to the
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
Tribunal with a direction to permit the parties
concerned to lead additional evidence and determine
the quantum afresh in accordance with law.
iii. Since the parties are represented by their
respective counsel, the parties are directed to appear
before the Tribunal on 06.02.2023 without waiting
for any notice.
iv. The petitioner is permitted to take back the
documents filed along with I.A.No.2/2022 forthwith
after producing the photo copies of the same to the
Registry for reference.
v. The Tribunal is directed to dispose of the matter
as expeditiously as possible and parties are directed
to co-operate in expeditious disposal of the matter.
vi. The amount in deposit shall be transferred to the
concerned Tribunal.
MFA No. 7463 of 2019
C/W MFA No. 7028 of 2019
vii. Pending interlocutory applications, if any, do not
survive for consideration and the same are hereby
disposed of.
viii. Draw modified award accordingly.
SD/-
JUDGE
VMB
