Karnataka High Court
The Branch Manager Icici Lombard vs Smt. P K Lakshmi on 3 July, 2023
Bench: T G Gowda
-1-
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MFA No. 175 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO.175 OF 2014(MV-I)
BETWEEN:
THE BRANCH MANAGER
ICICI LOMBARD GEN INS CO LTD
UGGAPPA BUILDING, KOHINOOR ROAD
MADIKERI TOWN, KODAGU DIST
NOW REP. BY ITS LEGAL MANAGER
ICICI LOMBARD GIC LTD., # 89
II FLOOR, SVR COMPLEX
HOSUR MAIN ROAD, MADIVALA
BANAGALORE-68 ...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SMT. P K LAKSHMI
Digitally signed by
MALA K N D/O P C KARIYA
Location: HIGH COURT W/O RANGANATHA
OF KARNATAKA
AGED ABOUT 37 YEARS
R/O IKOLA VILLAGE, MURNAD POST
MADIKERI TOWN
KODAGU DISTRICT
2. M SUBRAMANI
S/O S MUTHU
NOW AGED ABOUT 45 YEARS
C/O MUTHAPPA MASTERS HOUSE
MURNAD TOWN MADIKER TALUK
R/O D NO.2/3
-2-
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MFA No. 175 of 2014
VALAKACHINNA, KANNUR VILLAGE
VYAGUNDAM POST, SHANGAGIRI TALUK
SELAM DISTRICT, TAMIL NADU STATE
...RESPONDENTS
(BY SRI. J R DEEPAK FOR R1, ADVOCATE;
R2 SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 16.11.2013 PASSED IN
MVC NO.67/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
AND MACT, MADIKERI.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Insurance Company is challenging the
judgment and award dated 16.11.2013 in
MVC.No.67/2012 passed by the learned Senior Civil
Judge and MACT, Madikeri (for short, 'the Tribunal')
in awarding global compensation of Rs.6,000/- to
the petitioner - the first respondent.
2. The appellant is the second respondent, the
first respondent is the petitioner and the second
respondent is the first respondent before the
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MFA No. 175 of 2014
Tribunal. For the sake of convenience, the status of
the parties are referred to as they are before the
Tribunal.
3. The petitioner approached the Tribunal
under Section 166 of the Motor Vehicles Act, 1988
(for short, 'the MV Act') seeking compensation on
the ground that on 05.05.2008 at about 4:30 p.m.,
while she was walking near the estate of Paveen
Somanna of Ikola village, compressor tractor
bearing registration No.TN-33-U-3506 hit against
her causing injuries to her legs. She was admitted
to Vivus Hospital, Madikeri and thereafter, treated
at Wenlock Hospital, Mangalore. The claim was
opposed by the Insurance Company and after
collecting the evidence, the Tribunal passed the
impugned judgment awarding global compensation
of Rs.6000/-. Aggrieved by the same, the Insurance
Company has filed this appeal on various grounds.
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MFA No. 175 of 2014
4. Heard the argument of Sri. Pradeep B,
learned counsel for the appellant and Sri.
J.R.Deepak, learned counsel for the first
respondent.
5. It is the contention of the learned
counsel for the Insurance Company that though the
Tribunal has recorded that the petitioner has
suffered injury due to fall, instead of dismissing the
claim petition, awarded global compensation of
Rs.6000/-.
6. Per contra, Sri. J.R.Deepak, learned
counsel for the first respondent submits that while
answering Issue No.1, the Tribunal has recorded
that the petitioner has met with an accident and
sustained the injury. Because of some anomaly in
the medical records, the Tribunal has not accepted
the nature of injury claimed by the petitioner, who
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MFA No. 175 of 2014
came to conclusion that the petitioner has sustained
lacerated wound and global compensation of
Rs.6000/- is awarded, which needs to be enhanced.
7. I have given to my anxious consideration
to the arguments advanced on both sides and
perused the materials placed on record.
8. The petitioner claims that on 05.05.2008
at about 4:30 p.m., compressor tractor hit against
her leading to injuries on her legs. Learned counsel
for the petitioner has produced a copy of the out
patient record of Vivus Hospitals Pvt. Ltd., Madikeri
to the effect that on 05.05.2008, the petitioner
went to the said hospital with an history of fall from
the height. There was no reference of accident as
claimed in the petition. Ex.P6 is the discharge
summary of Government Wenlock District Hospital,
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MFA No. 175 of 2014
Mangalore. The history referred to in the discharge
summary reads as follows:
" complaint of bleeding wound over left
thigh and right leg since past 8 hours. Patient
sustained injury while carrying stones when she
slipped and stones fell on her lower limbs.
Patient was unable to walk following incident."
In the discharge summary, there is no mentioning
of an history of accident involving the compressor
tractor.
9. The Tribunal though recorded that there
was an accident, it has specifically stated that the
medical records produced by the petitioner did not
indicate that she has suffered any injury in the
alleged accident. It is a doubtful case that the
petitioner has sustained the injury as claimed. The
Tribunal has awarded a global compensation of
Rs.6000/-. The medical records specifies that the
petitioner has suffered injury while she was doing
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MFA No. 175 of 2014
her coolie work, then question of awarding
compensation on the guise of a road accident does
nor arise. Hence, the order of the Tribunal in
awarding a global compensation of Rs.6000/- to the
petitioner is erroneous. Hence, the petition
deserves to be allowed.
10. In the result, I pass the following:
ORDER
The appeal is allowed. The impugned
judgment and award dated 16.11.2013 in
MVC No.67/2012 passed by the learned
Senior Civil Judge and MACT, Makikeri is set
aside.
The claim petition filed by the petitioner is
dismissed.
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MFA No. 175 of 2014
The amount in deposit, if any, shall be
refunded to the Insurance Company.
SD/-
JUDGE
RB
