Karnataka High Court

Sampathkumar G.K vs S. Muttusamy S/O Sellappa G.R on 7 June, 2023

Bench: M.G.Umaj

                                         -1-
                                                   MFA No. 22934 of 2012




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 7TH DAY OF JUNE, 2023

                                      BEFORE

                       THE HON'BLE MRS. JUSTICE M.G.UMA

             MISCELLANEOUS FIRST APPEAL NO.22934/2012 (MV)

            BETWEEN:

            SAMPATHKUMAR G.K.,
            SINCE DECEASED BY HIS LRS.

            1.   SMT. SHREELATHA
                 W/O. G.K. SAMPATHKUMAR,
                 AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: BELUR INDUSTRIAL AREA,
                 TQ: AND DIST: DHARWAD - 580 011.

            2.   SRI PRADEEP
                 S/O. G.K. SAMPATHKUMAR,
                 AGE: 39 YEARS, OCC: NIL,
                 R/O: BELUR INDUSTRIAL AREA,
                 TQ AND DIST: DHARWAD - 580 011.

            3.   SRI PRAVEEN
                 S/O. G.K. SAMPATHKUMAR,
Digitally        AGE: 37 YERS, OCC: NIL
signed by
ROHAN            R/O: BELUR INDUSTRIAL AREA,
HADIMANI         TQ AND DIST: DHARWAD - 580 011.
T
                                                             ...APPELLANTS
            (BY SRI M. M. KHANNUR, ADVOCATE)

            AND:

            1.   MR. S. MUTTUSAMY
                 S/O. SELLAPPA G.R.,
                 AGE: 54 YEARS, OCCU: OWNER OF THE VEHICLE
                 BEARING REG. NO.KA-19/B-0516,
                 R/O: SRI. KRISHNA TRANSPORT,
                 ASHRAF MAHAL, KANA, SURATKAL-574 158,
                 DIST: MANAGALORE.
                                -2-
                                          MFA No. 22934 of 2012




2.    THE DIVISIONAL MANAGER,
      NEW INDIA ASSURANCE CO. LTD.,
      "SAVITRI SADA "n", P.B. ROAD,
      DHARWAD 580001.
                                                   ...RESPONDENTS
(BY    SRI RAVI G. SABAHIT, ADVOCATE FOR R2
       NOTICE TO R1 IS DISPENSED WITH)

     THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHCILES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
01-03-2012 PASSED IN MVC NO.215/2008 ON THE FILE OF
PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDITIONAL MOTOR
ACCIDENT CLAIM TRIBUNAL, DHARWAD, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

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

                           JUDGMENT

Legal representatives of deceased claimant in

MVC.No.215/2008 on the file of principal Senior civil Judge

& CJM & Additional MACT, Dharwad ("the Tribunal" for

short) are before this Court impugning the judgment and

award dated 01.03.2012 passed in the above said claim

petition.

2. The parties are referred to as per their ranks

before the Tribunal for the sake of convenience.

3. Brief facts of the case are that, the claimant

was travelling in the Indica Car bearing registration

MFA No. 22934 of 2012

No.KA.25/N.5805. When he came near Mammigatti

village, the LPG tanker baring registration

No.KA.19/B.0516 came in a rash and negligent manner

and in high speed. The driver attempted to overtake the

Car in which the petitioner was travelling and applied the

break suddenly. As a result of which, there was collusion

between the two vehicles and the claimant sustained

injuries. He was shifted to Shivakrupa Hospital, Hubballi

where he was taken treatment as an indoor patient for

about 25 days. Thereafter he was treated as outpatient

and he spent Rs.3.00 lakh towards medical expenses.

Therefore, he claimed compensation for the injuries

sustained by him from the respondents.

4. The respondents have contested the claim

petition denying the claim of the claimant. During the

pendency of the claim petition, the original claimant died

and his legal representatives were brought on record.

5. The Tribunal awarded compensation of

Rs.10,000/- as it is held that the death of the deceased

MFA No. 22934 of 2012

was not due to the injuries sustained by him in the road

traffic accident. The claimants are impugning the said

finding of the Tribunal and seeking enhancement of

compensation.

6. Heard Sri Madanmohan M. Khannur, learned

counsel for the appellant.

7. Learned counsel for the appellants contended

that the appellants are the legal representatives of the

original claimants, who sustained grievous injuries in the

road traffic accident that had occurred on 18.03.2008. He

had sustained head injury and also injuries to his spinal.

He had taken treatment from 18.03.2008 till 31.03.2008.

Thereafter he was under treatment as per Ex.P.29. The

Tribunal has committed an error in forming an opinion

that the death of the deceased was not due to the injuries

sustained by him in the road traffic accident and prays for

enhancement of compensation awarded by the Tribunal.

MFA No. 22934 of 2012

8. Learned counsel for the respondent is absent.

There is no representation.

9. Perused the materials including the Trial Court

records. The point that would arise for my consideration

is;

Whether the impugned judgment and award passed by the Tribunal calls for any interference by this Court?

10. My answer to the above point is in the negative

on the following reasons.

REASONS

11. Ex.P.26 is the wound certificate pertaining to

the claimant, according to which, he had sustained in all

six injuries. The L.Rs., of deceased claimant produced

Ex.P.27, the death certificate dated 14.09.2009 issued by

Dr.D.A.Nadaf stating that he had examined the claimant

on 30.08.2008 at 6.45 p.m. and he declared him as dead.

He specifically stated that the cause of death is due to

cardio respiratory arrest. Even though it is contended that

MFA No. 22934 of 2012

the claimant was taking treatment as an inpatient or as an

outpatient after 31.03.2008 there is absolutely nothing on

record to prove the same. On the other hand Ex.P.27

makes it clear that the death of the deceased was not due

to the injuries sustained by him in the road traffic

accident.

12. Learned counsel for the appellants placed

reliance on Ex.P.29 dated 20.12.2011 issued by the very

same Dr.D.A.Nadaf to the effect that the claimant was

under his treatment from April-2008 till August-2009. This

document will not improve the case of the claimant in any

manner as the cause of death is specifically stated at the

initial stage as cardio respiratory arrest and the same is

not connected to the injuries sustained by the injured in

the road traffic accident.

13. Learned counsel for the appellant contended

that Exs.P.62 and 63 are the medical bills pertaining to

the claimants and the same are not considered by the

Tribunal. Therefore, the medical expenses covered under

MFA No. 22934 of 2012

these bills are required to be awarded in favour of the

claimants.

14. On perusal of Ex.P.62 it discloses that the bill

was issued by Asvik Valves Pvt. Ltd. towards professional

fee for the month of February 2008 and as per Ex.P.63,

similar charges for the month of March-2008 was paid. It

is pertinent to note that, the accident had occurred on

18.03.2008. Under such circumstances, there is no

explanation as to how the professional fee for the month

February-2008 could be paid on behalf of claimant. There

is nothing on record to connect these documents to the

medical expenses said to have been incurred by the

claimant. Therefore the Tribunal has rightly rejected the

claim of the claimants in that regard.

15. In view of the above, I do not find any reason

to interfere with the impugned judgment and award

passed by the Tribunal. Hence, I answer the above point

in the negative and proceed to pass the following;

MFA No. 22934 of 2012

ORDER

The appeal is hereby dismissed.

The impugned judgment and award dated 01.03.2012 passed in MVC.No.215/2008 by the Principal Senior Civil Judge & CJM & Additional MACT, Dharwad is hereby confirmed.