Karnataka High Court
National Insurance Company Ltd vs Sharada @ Sharadabai And Ors on 8 January, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No. 204164 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 204164 OF 2023 (MV-D)
BETWEEN:
NATIONAL INSURANCE COMPANY LTD.,
BRANCH OFFICE,
KALADAGI ROAD,
BAGALKOT-587101,
POLICY NO.602604/31/12/6200000277
VALID FROM 11-04-2012 TO 10-04-2013
NOW THROUGH ITS,
AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. SHARANABASAPPA M PATIL, ADVOCATE)
Digitally signed
by RAMESH
MATHAPATI AND:
Location: HIGH
COURT OF
KARNATAKA 1. SMT.SHARADA @ SHARADABAI
W/O LINGAPPA @ NINGAPPA LAMANI
@ CHAVAN, AGE: 36 YEARS,
OCC: HOUSEHOLD WORK,
2. SMT.SITABAI
W/O KHUBAPPA LAMANI,
AGE: 69 YEARS, OCC: NIL,
3. KHUBAPPA LAMANI
S/O KESHAPPA LAMANI,
AGE: 74 YEARS, OCC: NIL,
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MFA No. 204164 of 2023
ALL ARE R/O HULLUR TANDA,
TQ: MUDDEBIHAL,
DIST: VIJAYAPURA-586213.
4. RAMESH
S/O LACHAPPA CHAVAN,
AGE: 50 YEARS,
OCC: OWNER OF VEHICLE,
R/O DURGAVIHAR TANDA NEAR,
RAILWAY STATION,
TQ & DIST: BAGALKOT-586212,
VEHICLE KA-29/Q-2159.
...RESPONDENTS
THIS MEMORANDUM OF MISCELLANEOUS FIRST APPEAL
IS UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING
TO MODIFY THE ORDER OF THE TRIBUNAL AND CALL FOR
THE TRIAL COURT RECORDS AND HEAR THE PARTIES AND
SET ASIDE THE JUDGMENT DATED 06-06-2023 ANA AWARD
DATED 20-06-2023 IN MVC. NO. 16/2014. BEFORE IN THE
COURT OF THE ADDL. SENIOR CIVIL JUDGE AND MEMBER
MACT- XIV AT BASAVANA BAGEWADI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING- IA, THIS DAY,
Dr.CHILLAKUR SUMALATHA J., DELIVERED THE FOLLOWING:
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MFA No. 204164 of 2023
JUDGMENT
Disputing the legality of the order that is passed by the
Motor Accident Claims Tribunals-XIV, Basavana Bagewadi,
(herein after referred to as 'the Tribunal' for brevity) the
present appeal is preferred.
2. Heard the learned counsel for the appellant and
perceived the material available on record.
3. The manner of happening of accident as could be
perceived by the material available on record is that the
deceased Lingappa @ Ningappa (herein after referred to as
'the deceased' for brevity) who was serving as police
constable went to Nindagundi on 15.06.2022 on his
personal work. He started returning to his native place
Hullur Tanda at about 8.00 p.m. He was traveling as a
pillion rider in the motorcycle bearing registration No.KA-
29/Q-2159 which belongs to his relative by name Neelappa.
Neelappa drove the motorcycle at high speed and in a rash
and negligent manner due to which he lost control over the
same. When the motorcycle fell down, the deceased also fell
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which resulted in severe injuries. He was taken to hospital
for treatment. While undergoing treatment, he succumbed
to the injuries on 23.07.2012.
4. On this day, learned counsel for the appellant
made his submission that the claimants failed to establish
before the Tribunal the manner of happening of accident;
that the Tribunal failed to consider the delay in lodging the
complaint to police. Learned counsel also made his
submission that the Tribunal failed to observe that the rider
of the motorcycle was not Neelappa as contended. However,
learned counsel failed to deny the fact that the claimants
i.e., respondents herein have produced relevant record to
show that a case was registered against the said Neelappa
and on investigation charge sheet was also laid vide Ex.P6.
Though a contention is raised that there is inordinate delay
in lodging complaint, there is no material on record to show
that the defacto complainant had availed such period to
implicate Neelappa i.e., the rider of the motorcycle in a false
case. Though the learned counsel for the appellant based his
submission upon the contents of post mortem report vide
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Ex.P.162, it is not known who gave the details of the
accident as contained in the said post mortem report. Also
this Court is of the considered view that post mortem report
cannot carry a greater weight than that of the relevant police
record more particularly the contents of Ex.P6 charge-sheet
which was laid by the Investigating Officer after thorough
investigation basing on the contents of Ex.P1 and the
statements of the witnesses who were examined.
5. Except the delay in lodging the complaint and the
contents of Ex.P.162 post mortem report, learned counsel
for the appellant failed to make out any other ground so as
to interfere with the impugned order. A perusal of the
impugned order goes to show that the learned Judge of the
tribunal taking into consideration the evidence both oral and
documentary has given just findings with regard to the
entitlement of the claimants for compensation. Therefore, we
are of the considered view that the judgment of the Tribunal
needs no interference.
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6. Resultantly, the appeal is dismissed without
costs.
The amount in deposit of this Court shall be
transmitted to the concerned tribunal forthwith.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT: CS
