Karnataka High Court
Shriram General Insurance Co.Ltd vs Vinay Ganapati Achari on 1 July, 2024
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NC: 2024:KHC-D:8949
MFA No. 101107 of 2014
C/W MFA No. 102081 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.101107/2014(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.102081/2024
IN MFA NO.101107/2014 :
BETWEEN:
SHRIRAM GENERAL INSURANCE COMPANY LIMITED,
10003-E-8, RIICO, INDUSTRIAL AREA, SITAPURA-JAIPUR,
RAJASTHAN-302022, NOW REPRESENTED BY
ITS AUTHORIZED SIGNATORY,
SHRIRAM GENERAL INSURANCE COMPANY LIMITED,
LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR-302022, RAJASTHAN STATE.
...APPELLANT
(BY SRI S. K.KAYAKAMATH, ADVOCATE)
AND:
Digitally signed
by MANJANNA E 1. SHRI. VINAY GANAPATI ACHARI,
Location: HIGH AGED ABOUT: 30 YEARS, OCC: CARPENTER,
COURT OF
KARNATAKA R/O: KODASANI, TQ: ANKOLA, DIST: KARWAR.
2. MR. CRISTY S/O. P. J. VERGHESE,
AGED ABOUT 45 YEARS, OCC: OWNER OF LORRY
BEARING NO. KA-20/4960,
R/O. MASTIKATTE, TQ: HOSANAGAR,
DIST: SHIMOGA.
...RESPONDENTS
(BY SRI. S. V. YAJI, ADV. FOR R1;
NOTICE TO R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS, HEAR THE
PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 10.01.2014
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NC: 2024:KHC-D:8949
MFA No. 101107 of 2014
C/W MFA No. 102081 of 2024
PASSED BY THE ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL,
KUMTA, ITINERARY SITTING AT ANKOLA, IN MVC NO.30/2011, WITH
COST IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102081/2024
BETWEEN:
VINAY GANAPATI ACHARI,
AGE: 40 YEARS,
OCC: CARPENTER, (NOW NIL),
R/O. KODASANI, TQ. ANKOLA,
DIST: KARWAR-581357.
...APPELLANT
(BY SRI. S. V. YAJI, ADVOCATE)
AND:
1. CRISTY S/O. P. J. VERGHESE,
AGE: 55 YEARS, OCC: BUSINESS,
R/O. MASTI KATTE, TQ. HOSA NAGAR,
DIST. SHIMOGA, PIN-577448.
2. SRIRAM GENERAL INSURANCE CO. LTD,
10003-E-8, RICCO,
INDUSTRIAL AREA SITAPURA,
JAIPUR, RAJASTHAN-302022.
...RESPONDENTS
(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND
MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL
MACT KUMTA ITINERARY SITTING AT ANKOLA IN MVC NO.30/2011
DATED 10/01/2014 BY ENHANCING THE COMPENSATION AS PRAYED
IN THE APPEAL BY ALLOWING THIS APPEAL CONSIDERING THE FACT
AND CIRCUMSTANCES OF THE CASE SUCH OTHER RELIEF AS THE
COURT DEEMS FIT CONSIDERING THE FACTS AND CIRCUMSTANCES
OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:8949
MFA No. 101107 of 2014
C/W MFA No. 102081 of 2024
JUDGMENT
MFA.No.101107/2014 is filed by the Insurance Company
questioning the quantum of compensation and
MFA.No.102081/2024 is filed by the claimant for
enhancement of compensation awarded by the Additional
MACT, Kumta itinerary sitting at Ankola ("the Tribunal" for
short) by judgment and award dated 10.01.2014 in MVC
No.30/2011.
2. For the sake of convenience, the parties are
referred to as they are referred to in the claim petition
before the Tribunal.
3. After hearing the matters for some time, Sri
S.V.Yaji, learned counsel for respondent No.1-claimant in
MFA.No.101107/2024 has filed two applications under Order
XLI Rule 27 of CPC, one of them in I.A.No.1/2017 for
producing certain documents i.e., Medical bills, Cash
Receipts and Discharge Summary issued in respect of
claimant and another I.A.No.1/2024 for production of
additional documents i.e., Medical Receipts, Discharge
Summary, certificate and photographs of the claimant.
Hence, learned counsel prayed to allow both the applications
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and to remand the matter for fresh consideration to the
Tribunal.
4. Sri S.K.Kayakamath, learned counsel for the
Insurance Company concedes to allow the applications and
to remand the matter to the Tribunal for fresh consideration.
5. Heard learned counsel for the Insurance Company
and learned counsel for the claimant on applications and
perused the affidavits filed in support of the applications.
6. If applications in I.A.No.1/2017 and
I.A.No.1/2024 filed in MFA.No.101107/2014 for production of
certain documents are not allowed and medical bills,
receipts, discharge summary, prescriptions and photographs
issued by the doctor are not accepted and marked in
evidence, more injustice would be caused to the claimant. If
the matter is remanded to the Tribunal for fresh
consideration, no harm would be caused to Insurance
Company.
7. Having satisfied with the reasons assigned in the
affidavits filed in support of the applications and in view of
the submission of learned counsel for both the parties,
I.A.No.1/2017 and I.A.No.1/2024 are allowed. The claimant
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is permitted to produce the documents as sought for under
both the applications.
8. Hence, the judgment and award dated
10.01.2014 passed in MVC.No.30/2011 is set aside and the
matter is remanded to the Tribunal for fresh consideration.
9. Both the parties are directed to appear before the
Tribunal on 05.08.2024 without waiting for any notice from
the Tribunal.
10. The amount in deposit before this Court be
transmitted to the Tribunal.
11. The Tribunal is directed to keep the entire
deposited amount in any nationalized Bank for a period of
one year renewal by every year.
12. Keeping the age of litigation, the Tribunal is
directed to dispose of the matter as expeditiously as
possible.
All the contentions are left open.
Sd/-
JUDGE
EM/ct-an
