Karnataka High Court
Smt. Jayamma vs Rudrappa on 2 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:4757
MFA No. 1032 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1032 OF 2019 (MV-I)
BETWEEN:
SMT. JAYAMMA
W/O. SANNATIMMABHOVI,
AGED ABOUT 41 YEARS,
R/O. HONNAKATTA VILLAGE,
ARSIKERE TALUK - 573 103,
HASSAN DISTRICT.
...APPELLANT
(BY SRI. JAGADEESH H T, ADVOCATE)
AND:
1. RUDRAPPA
S/O. RAMABHOVI,
H. V. HATTI,
HARALAKATTA VILLAGE,
Digitally signed by ARSIKERE TALUK - 573 103.
RAMYA D
Location: HIGH COURT
OF KARNATAKA 2. RELIANCE GENERAL INSURANCE CO. LTD.,
1ST FLOOR, N.R. CIRCLE,
HOLENARASIPURA ROAD,
HASSAN - 573 201,
HASSAN DISTRICT-573 201.
...RESPONDENTS
(BY SRI. B. PRADEEP ADVOCATE FOR R2,
R1- NOTICE D/W V/O DATED 15.11.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.12.2018 PASSED IN MVC NO.
1255/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE & AMACT,
ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR
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NC: 2024:KHC:4757
MFA No. 1032 of 2019
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/claimant challenging
the judgment and award dated 17.12.2018 passed in
MVC.No.1255/2017 by the Senior Civil Judge & AMACT,
Arsikere, for seeking enhancement of compensation.
2. The factum of accident, injuries sustained by the
claimant and coverage of insurance are not disputed.
3. Heard the arguments from both sides and perused
the records.
4. It is submitted that, in the present case, the
claimant has suffered injury to the head resulting into
cerebral haemotoma complications. Since, there is injury to
the head, but the claimant has not examined the doctor to
prove his neurological problem arising out of the accident
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sustaining injury to the head in the accident. Therefore,
requested to remand the matter giving opportunity to the
claimant to lead evidence of the doctor. The wound certificate
discloses that the claimant has suffered injury to the head
and whether such injury to the head leads to other
complications or not is to be determined based on the
evidence of the doctor, but the doctor has not been
examined.
5. Therefore, the matter is to be remanded to the
Tribunal for fresh consideration after giving opportunity to
both the parties to lead evidence in this regard in order to
determine the correct compensation.
6. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed.
ii. The judgment and award dated 17.12.2018 passed
in MVC.No.255/2017 by the Senior Civil Judge &
AMACT, Arsikere, is set aside. The matter is
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remanded to the Tribunal for fresh consideration in
accordance with law.
iii. The Tribunal shall give opportunity to both the
parties to lead evidence in this regard in order to
determine the correct compensation.
iv. The parties shall appear before the Tribunal on
04.03.2024 without expecting notice from the
Tribunal.
v. The Tribunal shall dispose of the matter within six
months from 04.03.2024.
vi. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
vii. No order as to costs.
Sd/-
JUDGE
PB
