Rathnamma @ K Rathna vs S Sunil Kumar
2023 Latest Caselaw 4885 Kant

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                                                          NC: 2023:KHC:25989
                                                            MFA No. 6415 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 26TH DAY OF JULY, 2023

                                                BEFORE
                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                      MISCELLANEOUS FIRST APPEAL NO. 6415 OF 2014 (MV-D)


                      BETWEEN:

                      1.    RATHNAMMA @ K. RATHNA
                            D/O LATE KRISHNAPPA,
                            AGED ABOUT 26 YEARS
                      2.    MANJUNATH
                            S/O LATE KRISHNAPPA,
                            AGED ABOUT 24 YEARS

                            BOTH ARE RESIDING AT
                            AGALAGUNTE, BUGUDANAHALLI POST
                            BELLAVI HOBLI
                            TUMKUR TALUK - 572 103.
                                                                     ...APPELLANTS

                      (BY SRI. SUNIL. K.N., ADVOCATE FOR SRI RAMESH K.R, ADVOCATE)


Digitally signed by   AND:
PAVITHRA B
Location: HIGH        1.    S. SUNIL KUMAR
COURT OF
KARNATAKA                   S/O P. SANATHKUMAR
                            AKSHYAA TYRE WORKS
                            OLD BUS STAND,
                            TUMKUR - 572101.
                      2.    THE ROYAL SUNDARAM ALLIANCE INSURANCE
                            COMPANY LTD,
                            NO. 21, PATULLOS ROAD
                            CHENNAI - 600 002.
                            REP BY THE MANAGER
                                                              ...RESPONDENTS
                      (BY SRI. M ARUN PONNAPPA ADVOCATE FOR R2;
                           R1 IS SERVED)
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                                     NC: 2023:KHC:25989
                                          MFA No. 6415 of 2014




     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT    AND   AWARD     DATED    28.04.2014      PASSED    IN
MVC.NO.930/2011 ON THE FILE OF            THE III ADDITIONAL
DISTRICT JUDGE & IV MACT, AT TUMKUR, DISMISSING THE
CLAIM PETITION FOR COMPENSATION.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

The present appeal is filed by the

appellants/claimants challenging the judgment and award

dated 28.04.2014 passed in MVC.No.930/2011 by III Addl.

District Judge & IV MACT, Tumkur, by which, the claim

petition was dismissed.

2. The factum of accident is not in dispute.

3. Heard the arguments from both sides and

perused the records.

4. In the present case, the Tribunal has dismissed

the claim petition on the ground that the claimants have

NC: 2023:KHC:25989 MFA No. 6415 of 2014

not proved the relationship of appellants/claimants with

the deceased. Even though, the claimants have submitted

that they are the children of the deceased, but the

Tribunal has disbelieved the same and hence, dismissed

the claim petition for want of proof of relationship.

5. The appellants/claimants had filed an

application i.e., I.A.No.1/2023 under Order 41 Rule 27 r/w

Section 151 of CPC for production of additional evidence

and produced some documents along with the application.

The claimants by filing the said application for additional

evidence are trying to prove that the appellants/claimants

are the children of deceased. There is a disputed fact that

as to whether the claimants are the children of deceased

or not. Therefore, the application i.e., I.A.No.1/2023 filed

under Order 41 Rule 27 r/w Section 151 of CPC is allowed

only for the purpose of considering the documents stated

therein without going into the aspect about their genuinity

and veracity of the documents and that is left to the

NC: 2023:KHC:25989 MFA No. 6415 of 2014

Tribunal to adjudicate on disputed facts. Therefore, the

application i.e, I.A.No.1/2023 is allowed. The Tribunal is

directed to take evidence regarding relationship of

appellants/claimants with the deceased and give finding on

this aspect. Therefore, for this purpose, the matter is

required to be remanded to the Tribunal for fresh

consideration and the Tribunal shall adjudicate on

determination of quantum of compensation, if the

relationship of appellants/claimants with the deceased is

proved.

6. Accordingly, I proceed to pass the following

ORDER

i. The appeal is allowed.

ii. The impugned judgment and award dated

28.04.2014 passed in MVC.No.930/2011 by III

Addl. District Judge & IV MACT, Tumkur, is set

aside.

NC: 2023:KHC:25989 MFA No. 6415 of 2014

iii. The matter is remanded to the Tribunal for

fresh consideration on relationship and the

Tribunal shall adjudicate on determination of

quantum of compensation, if the relationship of

appellants/claimants with the deceased is

proved.

iv. All the contentions of the parties are kept open.

v. Both the parties are directed to lead any

evidence, either oral or documentary or both, if

the parties are so advised.

vi. Both the parties are directed to appear before

the Tribunal on 04.09.2023 without expecting

notice from the Tribunal.

vii. The Tribunal shall decide the case and dispose

of the matter within a period of four months

from 04.09.2023, in accordance with law.

NC: 2023:KHC:25989 MFA No. 6415 of 2014

viii. Registry is directed to transmit the TCR along

with copy of this order to the Tribunal

forthwith.

      ix.    No order as to costs.




                                              Sd/-
                                             JUDGE




PB