Karnataka High Court
Shriram General Insurance vs Smt. Tarabai And Ors on 1 August, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5534
MFA No. 202239 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 202239 OF 2017 (MV-D)
BETWEEN:
SHRIRAM GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH OFFICE, AT SHARADA
RESIDENCY, OPP: FOREST OFFICE,
COURT ROAD, GULBARGA
REP: BY ITS AUTHORISED OFFICER.
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. SMT. TARABAI W/O LATE VISHWNATH KUMBAR,
AGE: 50 YEARS, OCC: H.HOLD,
2. MAHADEV S/O LATE. VISHWANATH KUMBAR
AGE: 25 YEARS OC: STUDENT,
Digitally signed
by SUMITRA BOTH R/O. 11-356, DANAGA GALLI
SHERIGAR NEAR KORIMATH, BRAHMPUR,KALABURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA 3. ALIM ADUL RAUF SHANEDIVAN
AGE: MAJOR, OCC: BUSINESS,
TEMPO NO.MH-04/S-7038, R/O. GUNJOT,
TQ: OMERGA, DIST: OSMANABAD-413501.
...RESPONDENTS
(BY SRI MAHADEV S. PATIL, ADV. FOR R1;
NOTICE IN RESPECT OF R3 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
SETTING ASIDE THE JUDGEMENT AND AWARD DATED-
18.09.2017, IN MVC NO.755/2012 PASSED BY THE I ADDL.
SENIOR CIVIL JUDGE AND MACT, KALABURAGI.
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NC: 2024:KHC-K:5534
MFA No. 202239 of 2017
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The appeal is by the insurer challenging the
compensation of Rs.3,69,000/- awarded for the death of
one Vishwanath in a road traffic accident on 16.02.2011.
2. The occurrence of the accident is not in dispute, but
the insurer contends that the accident occurred on
16.02.2011 and Vishwanath passed away more than two
months thereafter on 21.04.2011 and there is no evidence
to suggest that the death was because of the accident
suffered in February 2011. It is contended that no wound
certificate or documents regarding the treatment availed
off by the deceased as having been produced before the
Tribunal.
3. The claimants did produce a FIR in which it was
stated as follows:
NC: 2024:KHC-K:5534
"£ÀªÀÄä CPÀÌ£À UÀAqÀ «±Àé£ÁxÀ vÀAzÉ £ÀgÀ¸À¥Àà PÀÄA¨ÁgÀ EªÀjUÉ
ºÀuÉUÉ, vÀ ÉUÉ UÁAiÀĪÁVªÉ. ªÀÄvÀÄÛ §®UÁ°UÉ UÀA©üÃgÀ
UÁAiÀĪÁVzÉ."
It is also stated in the FIR that the deceased was initially
treated at Government Hospital, Umerga, but due to
grievous injuries suffered by him, he was shifted to
Solapur. The charge sheet also indicates that the deceased
had suffered serious injuries.
4. The post mortem report which was produced at Ex.P4
indicates that the deceased had undergone a
Tracheostomy. It cannot be in dispute that only if a patient
is put on a ventilator a Tracheostomy is done since the
patient would be unable to breath on his own and feeding
would also have to be done through external means.
5. Having regard to the statement in the complaint that
the deceased had suffered serious injuries and was shifted
from one hospital to the other coupled with the fact that a
post mortem was conducted which suggested that the
deceased was on ventilator. It is obvious that the injuries
NC: 2024:KHC-K:5534
suffered by him were severe. If the deceased had suffered
a natural death, the question of him being subjected to
post mortem would not arise.
6. In this view of the matter, arguments advanced by
the insurer that there was no nexus between the accident
and the death cannot be accepted.
7. As far as the compensation is concerned, it is noticed
that the monthly income taken is on the lower side and
having regard to all factors, this is not a fit case to
entertain an appeal. The appeal is therefore dismissed.
The amount in deposit, if any, shall be transmitted to
the tribunal forthwith.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
MSR
CT: VD
