Sujatha vs K.R. Ramesh
2024 Latest Caselaw 9455 Kant

Karnataka High Court

Sujatha vs K.R. Ramesh on 1 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

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                                                             NC: 2024:KHC:13042
                                                           MFA No. 8751 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF APRIL, 2024

                                               BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.8751 OF 2015(MV-I)
                      BETWEEN:

                      SUJATHA
                      W/O VENKATESH,
                      AGED ABOUT 37 YEARS,
                      R/O BHUPALAMMA EXTENSION,
                      HOSADURGA TALUK,
                      CHITRADURGA DISTRICT-571 527.
                                                                   ...APPELLANT
                      (BY SRI. GIRISH.S., ADVOCATE FOR
                          SRI. MANJUNATH.N.D., ADVOCATE)

                      AND:

                      1.    K.R.RAMESH
                            S/O RUDRAPPA,
                            MAJOR,
                            SRI. VEERABHADRESHWARA BIG PRINTS,
Digitally signed by         R/O NEW BUS STAND ROAD,
THEJASKUMAR N               HOSADURGA TOWN,
Location: HIGH              CHITRADURGA DISTRICT-571 527.
COURT OF
KARNATAKA
                      2.    THE DIVISIONAL MANAGER,
                            ORIENTAL INSURANCE CO.LTD.,
                            OPP. ARUNA TALKIES,
                            HARIHARA ROAD,
                            DAVANAGERE-577 001.
                                                                 ...RESPONDENTS
                      (BY SRI. B.S.UMESH., ADVOCATE FOR R2;
                        NOTICE TO R1-DISPENSED WITH V/O DATED:13.03.2019)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
                                -2-
                                             NC: 2024:KHC:13042
                                          MFA No. 8751 of 2015




AGAINST THE JUDGMENT AND AWARD DATED:02.05.2015
PASSED IN MVC NO.461/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE & ADDITIONAL MACT, HOSADURGA.

     THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                     JUDGMENT

Sri.Manjunath.D., learned counsel for the appellant has

appeared in person.

Sri.B.S.Umesh., learned counsel for respondent No.2 has

appeared through video conferencing.

2. Though the appeal is listed today for dismissal, it is

heard finally.

3. The claimant has assailed the Judgment of the

Tribunal in this appeal on several grounds as set-out in the

Memorandum of appeal.

4. Learned counsel for the respective parties have

urged several contentions. Heard, the contentions urged on

behalf of the respective parties and perused the appeal papers

and the records with utmost care.

5. The point that requires consideration is whether the

Judgment of the Tribunal requires interference.

NC: 2024:KHC:13042

6. Suffice it to note that the accident occurred on the

21st day of February 2013. It is the contention of the claimant

that he sustained grievous injuries. However, the doctor has

not been examined. In the absence of the doctor's evidence, it

is hard to assess the gravity of the injuries and also the

disability. The Tribunal extenso referred to the material on

record and awarded compensation of Rs.35,000/- (Rupees

Thirty Five Thousand only) together with interest at the rate of

8% per annum from the date of claim petition till its realization.

I find no reasons to interfere with the Judgment of the Tribunal.

For the reasons stated above, the appeal is devoid of

merits and it is liable to be rejected.

7. Resultantly, the Miscellaneous First Appeal is

rejected.

Sd/-

JUDGE MRP