Karnataka High Court
Smt.Renuka W/O Irappa Dollin vs Kamatala Venu S/O Rajshma on 15 February, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:3615-DB
MFA No. 100754 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH 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. 100754 OF 2020 (MV-D)
BETWEEN:
SMT. RENUKA W/O. IRAPPA DOLLIN,
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
R/O. HIRESAMSHI,
TQ & DIST: BAGALKOT-587101.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
1. KAMATALA VENU S/O. RAJSHMA,
AGE: 51 YEARS, OCC: BUSINESS,
R/O. 8, 5, 39/2, VIDYANAGAR,
VILL & MDL VEMULA WADA,
KARIMNAGAR-505215, STATE TELANGAN.
Digitally signed by
2. THE BRANCH MANAGER,
CHANDRASHEKAR BHARATI AXA GENERAL INSURANCE CO.LTD,
LAXMAN
KATTIMANI OPPOSITE VIDYANAGAR POLICE STATION,
Date: 2024.02.22 VIDYANAGAR HUBLI, DIST: DHARWAD-580021.
18:04:03 +0530
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR RESPONDENT NO.2,
NOTICE TO RESPONDENT NO.1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND
ON EXAMINATION OF THE SAME BE PLEASED TO GRANT THE
COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE
APPELLANT BY SET-ASIDE THE JUDGMENT AND AWARD DATED
01/10/2019 IN MVC NO.42/2017 PASSED BY THE MEMBER MACT-III
BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, K V ARAVIND, J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:3615-DB
MFA No. 100754 of 2020
JUDGMENT
This appeal by claimant against dismissal of claim
petition in MVC No.42/2017 dated 01.10.2019 on the file
of the Member MACT No.III, Bagalkot.
2. The claimant being wife filed this petition under
Section 166 of Motor Vehicles Act, 1989 claiming
compensation of Rs.25,50,000/- for death of Iranna Dollin
on 03.07.2016 due to road traffic accident involving car
bearing No.TS-02/EL-0003. It is stated that the deceased
was a skilled photographer and earning Rs.10,000/- per
month, he was aged 45 years.
3. The respondents on service of notice appeared
through their counsels. Respondent No.1 has not filed
objections. Respondent No.2 filed objections denying the
petition averments.
4. The petitioner examined herself as PW-1 and
marked Exs.P1 to P7. Doctor was examined as RW1 and
the document produced is marked as Ex.R1. The legal
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officer of respondent No.2 Insurance company was
examined as RW2 and got marked Exs.R2 and 3.
5. The Tribunal on appreciation of the material
evidence on record proceeded to hold that the death of
deceased Iranna Dollin was not due to accident involving
car bearing No.TS-02/EL-0003. As the accident was not
proved the Tribunal rejected the claim petition.
6. Heard Shri. Siddappa Sajjan, learned counsel
appearing for the appellant and Shri.S.K.Kayakamath,
learned counsel appearing for the respondent No.2.
7. Learned counsel for the petitioner submits that
the deceased while walking on the extreme side of the
road, due to rash and negligent driving of car bearing
No.TS-02/EL-0003 dashed to the deceased. The deceased
died due to the grievous injuries sustained in the accident.
It is further submitted that the evidence of PW1 and
Exs.P1 to P7 would prove that the deceased died due to
the injuries sustained in the accident involving offending
car. The order of rejection of claim petition by the Tribunal
is incorrect and prays to allow the appeal.
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8. On the other hand learned counsel for the
respondent No.2 submits that the Ex.P5 Post-mortem
report clearly states that the deceased was unconscious
for four days with history of alcoholic intoxication. Further
as per Ex.R1 entry in the case sheet stated that the
injuries were due to self fall on the main road while going
to home with alcoholic drink. Further the deceased was
chronic alcoholic past 30 years. The complaint has been
lodged after seventeen days of the incident and FIR is
registered after 17 days of the incident. Hence, the
complaint and FIR would not prove the accident.
9. We have considered the submissions of the
learned counsel for the parties, perused the appeal papers
and the records.
10. It is the case of the appellant that deceased
Iranna while walking on the road met with an accident
involving vehicle bearing No.TS-02/EL-0003, due to which
sustained grievous injuries on his head and on vital organs
of the body and succumbed to injuries. To prove the
accident, the petitioner has produced Ex.P1 FIR registered
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in Bagalkot Traffic Police station on 20.07.2016. FIR is
registered on the basis of the complaint dated 20.07.2016.
The complaint has been lodged after 17 days of the
alleged accident. No explanation is offered nor any
evidence is placed explaining the delay in filing the
complaint after 17 days of the alleged accident. Ex.P3 spot
panchanama, Ex.P4 Inquest panchanama would not prove
that the death of the deceased was due to alleged accident
involving vehicle bearing No.TS-02/EL-0003. Ex.P5 Post-
mortem report proves that the deceased was unconscious
for 4 days and has history of alcohol intoxication. Ex.R1
the case sheet records that while admitting it is reported
that deceased found self fall on main road while going to
home with alcoholic drink brought by unknown person.
11. In the absence of any evidence to prove that
the deceased suffered grievous injuries due to accident
involving vehicle bearing No.TS-02/EL-0003 and
succumbed to said injuries, the Tribunal concluded that
the death of the deceased was not due to road traffic
accident involving vehicle bearing No.TS-02/EL-0003. In
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the absence of any evidence placed before this Court, we
are of the view that the conclusion arrived at by the
Tribunal does not call for interference. Hence, appeal is
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RKM
