Karnataka High Court
Lakkappa S/O Sabu Kamble vs Shri.Ramesh on 5 February, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:2427-DB
MFA No. 103542 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 103542 OF 2016 (MV-I)
BETWEEN:
LAKKAPPA S/O. SABU KAMBLE,
AGE: 42 YEARS,
OCC: AGRICULTURE & COOLIE WORKS
(AT PRESENT NIL), R/O: MADHURKHANDI,
TQ: JAMKHANDI, DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. SHRI RAMESH S/O. TUKARAM GUNDAL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: JAMAKHANDI, TQ: JAMAKHANDI,
DIST: BAGALKOT-587301.
2. THE DIVISIONAL MANAGER,
IFFCO-TOKIO GENERAL INSURANCE CO. LTD,
Digitally signed by
CHANDRASHEKAR
NO.41, II FLOOR, CRISTU COMPLEX,
LAXMAN
KATTIMANI LAVELLE ROAD, BENGALURU-560001,
Date: 2024.02.20
17:37:18 +0530 ...RESPONDENTS
(BY SRI. RAVINDRA R. MANE, ADV. FOR RESPONDENT NO.2,
APPEAL AGAINST RESPONDENT NO.1 ABATED)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS OF
THE CASE FROM THE TRIBUNAL AND BE PLEASED TO SET ASIDE
IMPUGNED JUDGMENT AND AWARD DTD 14/03/2014 PASSED IN
M.V.C NO.852/2009 BY THE LEARNED ADDITIONAL SENIOR CIVIL
JUDGE AND M.A.C.T NO.IV JAMKHANDI AND BE PLEASED TO AWARD
COMPENSATION AS CLAIMED IN THE PETITION BY ALLOWING M.V.C.
NO.852/2009, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
K V ARAVIND, J., MADE THE FOLLOWING:
-2-
NC: 2024:KHC-D:2427-DB
MFA No. 103542 of 2016
ORDER
This appeal is by the claimant in MVC No.852/2009,
wherein the Tribunal rejected the claim petition by order
dated 14.03.2014.
2. The claimant preferred claim petition seeking
compensation of Rs.21,00,000/- for injuries suffered due
to accident on 14.05.2009, due to rash and negligent
riding of motor bike bearing No.KA-48/H-9413 by its rider.
It is stated that the claimant was inpatient for 30 days and
spent Rs.1,00,000/- towards treatment and travelling.
Further stated that he is earning Rs.12,000/- per month
from Agriculture and as a coolie.
3. After service of notice, respondent No.1 failed
to appear and remained absent. The respondent
No.2/Insurer filed objections denying the petition
averments and alleged that the rider of the bike was not
possessing valid and effective driving license. On the
above contentions prayed to dismiss the petition.
Petitioner and another witness were examined as PW-1
NC: 2024:KHC-D:2427-DB
and PW-2 and got marked Exs.P1 to P13. Officer of Insurer
was examined as RW-1 and got marked Exs.R1 and R2.
4. Tribunal on examination of the evidence held
that the petitioner/claimant has not proved that he
sustained injuries due to accident on 14.05.2009 involving
motorbike bearing No.KA-48/H-9413. As a consequence,
the Tribunal dismissed the claim petition. The appellant is
in this appeal challenging the order of dismissal of claim
petition.
5. The Tribunal on examination of the evidence on
record has arrived at a conclusion that the
petitioner/claimant has not proved the accident on
14.05.2009 involving motorbike bearing No.KA-48/H-
9413. While arriving at the above conclusion, the Tribunal
has recorded a finding that the petitioner has deposed
before the Additional Civil Judge, Jamkhandi in C.C
No.251/2009, that the vehicle involved in the accident was
four wheeler, whereas, in the claim petition, the petitioner
claims that the vehicle involved in the accident was
NC: 2024:KHC-D:2427-DB
motorbike belonging to respondent No.1. In the evidence,
the petitioner admits that he has not identified the rider of
the bike and he was unconscious. Whereas, in the
complaint Ex.P2, the petitioner has furnished motorbike
number as KA-48/H-9413, name of the rider. In such
circumstances the Tribunal has proceeded further to
conclude that testimony of PW1 is self serving and not
sufficient to hold that accident has taken place on
14.05.2009 due to rash and negligent riding of motorbike
bearing No.KA-48/H-9413.
6. The appellant has not placed any material
before the Tribunal to establish that he suffered injuries
due to accident involving motorbike bearing No.KA-48/H-
9413. The grounds in support of the appeal would not
indicate any substantive evidence indicating the finding
recorded by the Tribunal is erroneous.
7. Tribunal has recorded finding on the basis of
the evidence placed by the petitioner/claimant and arrived
at a conclusion that the petitioner/claimant has not proved
NC: 2024:KHC-D:2427-DB
the accident involving bike bearing No.KA-48/H-9413. On
detailed examination of the impugned judgment and the
evidence relied on by the Tribunal, we see no infirmity in
the order of the Tribunal. Hence, the appeal deserves to
be dismissed. Accordingly, appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RKM
