Karnataka High Court
Doddaramegowda vs Vijendra A M on 28 November, 2023
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MFA No. 11447 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 11447 OF 2012 (MV-I)
BETWEEN:
DODDARAMEGOWDA
SINCE DEAD BY HIS LR'S.
1. SITHALAKSHMI
W/O LATE DODDARAME GOWDA
AGED ABOUT 59 YEARS
MALENAHALLI VILLAGE
DANDDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116
2. LATHA
W/O K.T. YOGAMURTHI
AGED ABOUT 40 YEARS
KALENAHALLI VILLAGE
RAMANATHPURA HOBLI
ARKALGUDU TALUK
HASSAN DISTRICT - 573 136
3. SUKANYA
Digitally signed by MALA K
N W/O DEVE GOWDA
AGED ABOUT 39 YEARS
Location: HIGH COURT OF
KARNATAKA MALENAHALLI VILLAGE
DANDDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116
4. M.D. MANJUNATH
S/O LATE DODDARAME GOWDA
AGED ABOUT 37 YEARS
MALENAHALLI VILLAGE
DANDDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116
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MFA No. 11447 of 2012
5. LEELAVATHI
W/O G.P. SURESH
AGED ABOUT 34 YEARS
7TH CROSS, C.M.EXTN KYATHSANDRA
DEVARAYAPATNA, TUMKUR - 572 104
6. SHIVAKUMAR
S/O LATE DODDARAME GOWDA
AGED ABOUT 32 YEARS
MALENAHALLI VILLAGE
DANDDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116 ...APPELLANTS
(BY SRI. NARENDRA GOWDA, ADV.)
AND:
1. VIJENDRA A.M.
S/O MUDDE GOWDA
AGED ABOUT 33 YEARS
R/O NO. 11 C CROSS ROAD
5TH MAIN, BYATARAYANAPURA
MYSORE ROAD, BANGALORE - 26
2. ROYAL SUNDARAM ALLIANZ CO. LTD.
SUNDARAM TOWERS 45 & 46
WHITES ROAD, CHENNAI -600 014
PRESENTLY REP. BY THE MANAGER
ROYAL SUNDARAM ALLIANZ CO. LTD.
NO.186:7, RAGHAVENDRA COMPLEX
GROUND FLOOR, WILSON GARDEN
IST CROSS ROAD, HOSUR ...RESPONDENTS
(BY SRI. K. SURYANARAYANA RAO., ADV. FOR R2;
VIDE ORDER DATED:29.01.2015,
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 27.06.2012
PASSED IN MVC NO.37/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MACT, CHANNARAYAPATNA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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MFA No. 11447 of 2012
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In this appeal, the petitioners have challenged
the judgment and award dated 27.06.2012 passed
by the Senior Civil Judge and Chennarayapatna ('the
Tribunal' for short) in MVC.No.37/2011.
2. For the sake of convenience, the parties
shall be referred to as per their status before the
Tribunal.
3. Brief facts of the case are, on 05.11.2010
at about 7.30 a.m., the original petitioner-
Doddaramegowda, while riding the Hero Honda bike
bearing No.KA-13-L-7724 on the left side of
B.M.Road, near Hosuru Gate, hit by a Tata Indica car
bearing No.KA-41-8300 injuring him. After taking
treatment, he has approached the Tribunal seeking
compensation. The claim was opposed by the
Insurance Company. The Tribunal after taking
evidence, by the impugned judgment, allowed the
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claim petition in part, awarding compensation of
Rs.3,86,800/- with interest at 6% p.a. Pleading
inadequacy and seeking enhancement, the petitioner
has filed this appeal on various grounds.
4. During the pendency of this appeal, the
petitioner is reported to be dead and his legal
representatives have come on record.
5. Heard Sri Narendra Gowda, learned
counsel for the legal representatives of the petitioner
and Sri.K.Suryanarayana Rao, learned counsel for
respondent No.2/Insurance Company.
6. It is the contention of the learned counsel
for the legal representatives of the petitioner that
from the date of accident till the date of death, the
petitioner was continued under treatment, and he
died on account of accidental injuries. There is a
nexus between the injury and the death of the
deceased. Hence, the legal representatives of the
petitioner are to be permitted to convert the case as
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dependents to claim the compensation. It is further
submitted that three applications have been filed for
production of additional documents and also several
medical bills incurred by the legal representatives of
the petitioner post award towards the treatment.
7. Per contra, learned counsel for the
Insurance Company has contended that as per the
order of the Tribunal, the entire compensation was
deposited by the Insurance Company and it was
withdrawn by the petitioner. Now the legal
representatives of the petitioner are contending that
the petitioner was died due to accidental injuries but
there is no direct nexus between the accident,
injury and death. Huge records have been produced
and they are all subsequent to the disposal of the
claim petition. If these records are allowed, liability
is fastened, insurance company will be burdened
with paying huge interest from the date of the
petition. Since the legal representatives want to
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convert the claim petition in the appeal as
dependents, the legal representatives of the
petitioner may be directed to go before the Tribunal
as dependents under Section 166 of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the
Act' for short), if there is nexus between the injury
and death, they are entitled for compensation as
dependents of the deceased petitioner.
8. I have given my anxious consideration to
the arguments addressed on both sides and also
perused the materials on record.
9. There is no dispute as to the accident,
cause of the accident and injuries sustained by the
deceased petitioner. The compensation assessed by
the Tribunal is satisfactory. During the pendency of
the appeal, the petitioner is reported to be dead on
13.12.2018 whereas the accident occurred on
05.11.2010. Now the legal representatives want to
claim compensation as dependents. Apart from that
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they are claiming expenditures incurred towards the
treatment of the deceased petitioner. Since the
award has already been realized by the petitioner,
the question of re-examining the correctness of the
award does not arise. If at all, legal representatives
of the petitioner want to claim compensation as
dependents of the deceased petitioner, they may
approach the Tribunal under Section 166 of the Act.
The Tribunal to determine the claim as per their
entitlement in accordance with law.
10. All the contentions of both the legal
representatives of the petitioner and the Insurance
Company are kept open. After reasonable
opportunities to both parties, the Tribunal to decide
the claim of the legal representatives of the
petitioner in accordance with law.
Accordingly, the appeal is disposed of.
Office to transfer the entire records along with
all the pending applications and documents produced
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by the legal representatives of the petitioner to the
Tribunal.
Sd/-
JUDGE
KTY
CT:SNN
