Karnataka High Court
The Divisional Manager vs Fakkirappa S/O Nagappa Hadapad on 21 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:13645
MFA No. 22064 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.22064/2012(MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LIMITED,
ENKAY COMPLEX, KESHWAPUR, HUBBALLI,
REPRESENTED BY IT'S ASST MANAGER,
REGIONAL OFFICE, SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBBALLI - 29.
...APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
1. SRI FAKKIRAPPA S/O. NAGAPPA HADAPAD,
AGE: 40 YEARS, OCC: VEGETABLE BUSINES,
R/O: RANEBENNUR, DIST: HAVERI.
2. SRI RAVI S/O. SHIVAPUTRAPPA PUJAR,
Digitally
AGE: MAJOR, OCC: BUSINESS AND AGRIL.,
signed by R/O: HANUMAPUR VILLAGE, TQ: RANEBENNUR,
SUJATA DIST: HAVERI.
SUBHASH
PAMMAR ...RESPONDENTS
(BY SRI C.M.HOSAMANI, ADVOCATE FOR R2;
NOTICE TO R1 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 17.02.2012 IN MVC NO.230/2009 PASSED BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS
APPEAL AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-2-
NC: 2023:KHC-D:13645
MFA No. 22064 of 2012
JUDGMENT
The present appeal is filed by the Insurance
Company challenging the judgment and award dated
17.02.2012 passed in MVC.No.230/2009 passed by the
Addl. Senior Civil Judge & Addl. MACT, Ranebennur, on the
ground that fraud is played by the claimant while filing the
claim petition.
2. It is the case of the claimant that on
21.09.2005 at about 6.45 pm., the claimant was traveling
in the vehicle bearing Reg.No.KA.02/B5562 along with
three vegetable bags from Haveri to Renebennur by
paying Rs.100/- as luggage charges and the driver of the
said vehicle drove the same in a rash and negligent
manner and lost control over the vehicle, due to which,
the vehicle fell into the road side ditch and thereby, the
claimant sustained injuries. The Tribunal has awarded
compensation fastening liability on the appellant-Insurance
Company.
NC: 2023:KHC-D:13645
3. Heard the arguments from both sides and
perused the records.
4. In the present case, it is the case of the
claimant that the accident was caused on 21.09.2005 at
about 6.45 pm., when he was traveling in the vehicle
bearing Reg.No.KA.02/B5562. Ex.P.4 is the wound
certificate, in which, it is stated that the claimant was
admitted to the hospital on 03.10.2005. If the claimant
really had sustained injuries, then immediately he would
have been admitted to the hospital on the same day or at
the most on the next day of the alleged accident. But the
wound certificate discloses that the claimant was admitted
to the hospital on 03.10.2005.
5. Further more, in the complaint lodged as per
Ex.P.2 the name of the claimant was not mentioned where
other persons who were traveling in the vehicle are stated.
NC: 2023:KHC-D:13645
Even though, as per Ex.P.3-further statement the name of
claimant is not found as he was traveling in the said
vehicle and met with an accident. Therefore, there is no
evidence except the oral evidence of the claimant that he
was traveling in the said vehicle and met with an accident.
The wound certificate-Ex.P.4 proves that for the first time
on 03.10.2005, the claimant was admitted to the hospital
whereas the accident was caused on 21.09.2005.
6. Therefore, for the above said reasons, there is
no evidence to prove that the claimant had sustained
injuries in the road traffic accident. Hence, the judgment
and award passed by the Tribunal is found to be perverse
one. Therefore, the same is liable to be set aside.
Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed.
ii. The impugned judgment and award dated
17.02.2012 passed in MVC.No.230/2009 by the
NC: 2023:KHC-D:13645
Addl. Senior Civil Judge & Addl. MACT,
Ranebennur, is hereby set aside.
iii. No order as to costs.
iv. The amount in deposit made by the Insurance
Company shall be refunded to the appellant-
Insurance Company.
v. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
SD/-
JUDGE
PB
CT-ASC
