Karnataka High Court
Mrs Rathnamma vs B C Channiganna on 6 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:9600
MFA No. 4507 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO.4507 OF 2016(MV-I)
BETWEEN:
MRS. RATHNAMMA
W/O GANGADHAR KUMAR.H,
AGED ABOUT 40 YEARS,
RESIDING AT: #241/6,
PATEL SEETHAPPA COLONY,
8TH MAIN, NEW THIPPASANDRA,
BANGALORE.
...APPELLANT
(BY SRI. HARISH BABU.K.N., ADVOCATE)
AND:
1. B.C.CHANNIGANNA,
S/O CHANNE GOWDA,
RESIDING AT: #37, 5TH CROSS,
8TH MAIN, 2ND STAGE,
Digitally signed by
PEENYA INDUSTRIAL AREA,
THEJASKUMAR N PEENYA 2nd STAGE,
Location: HIGH BANGALORE-560 058.
COURT OF
KARNATAKA
2. THE DIVISIONAL MANAGER,
ICICI LOMBARD GENERAL
INSURANCE CO.LTD.,
NO.89, SVR COMPLEX,
HOSUR MAIN ROAD,
MADIVALA, BANGALORE - 560 068.
(I.P.NO.3001/80563638/01/000,
FROM 06-06-2014 TO 05-06-2015).
...RESPONDENTS
(BY SRI. NAIK RAMACHANDRA RAMA., ADVOCATE FOR R1)
SRI.A.N.KRISHNA SWAMY., ADVOCATE FOR R2)
-2-
NC: 2024:KHC:9600
MFA No. 4507 of 2016
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:31.12.2015
PASSED IN MVC NO.3086/2014 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, COURT
OF SMALL CAUSES, BENGALURU.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Harish Babu.K.N., learned counsel for the appellant
has appeared through video conferencing.
Sri.A.N.Krishna Swamy., learned counsel for respondent
No.2 has appeared in person.
2. Though the appeal is listed today for admission,
with the consent of learned counsel for the respective parties, it
is heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Tribunal.
4. It is the case of the claimant that on the 4th day of
June 2014 at about 3:30 p.m., she was proceeding as a pillion
NC: 2024:KHC:9600
rider on the bike bearing Reg. No.KA-03-HF-6102 and her
husband was riding the motorcycle. When they reached near
Someshwara Colony, Magadi to Kunigal Road, Ramangara, at
that time, the driver of the Toyota Innova car bearing Reg.
No.KA-02-MG-5431, drove the same in a rash and negligent
manner and hit the motorcycle. As a result of which the
claimant fell down and sustained simple as well as grievous
injuries. She was shifted to Government Hosptial, Magadi,
wherein she took first aid and thereafter she was shifted to
KIMS hospital, Bengaluru, wherein she took treatment as an in-
patient. After discharge from the hospital and as per the advice
of the doctor, she took follow-up treatment as an outpatient.
Contending that the accident occurred due to the rash and
negligent driving of the Car, the claimant filed claim petition
seeking compensation.
In response to the notice, the first respondent did not
appear and he placed ex-parte. The second respondent has
appeared trough its counsel and filed the objections and denied
the averments of the claim petition. Among other grounds it
prayed for dismissal of the claim petition.
NC: 2024:KHC:9600
Based on the above pleadings, the Tribunal framed
Issues, parties led evidence and marked the documents. The
Tribunal vide Judgment dated:31.12.2015 dismissed the claim
petition. It is this Judgment that is called into question in this
appeal on several grounds as set-out in the Memorandum of
appeal.
5. Sri.Harish Babu.K.N., learned counsel in presenting
his arguments vehemently contended that the Tribunal has
erred in rejecting the claim petition despite taking note of the
material evidence on record i.e., Wound Certificate (Ex.P.5),
Case Sheet (Ex.P.21 to 24). He argued by saying that the
Insurance Company did not furnish any documents and hence,
submits that viewed from any angle, the rejection of the claim
petition is unsustainable in law. Counsel therefore, submits that
appropriate order may be passed.
By way of reply to this contention, learned counsel for the
Insurance Company justified the Judgment and award of the
tribunal. He submits that the appeal is devoid of merits and the
same may be dismissed.
NC: 2024:KHC:9600
Heard, the contentions urged on behalf of the respective
parties and perused the appeal papers and also the records
with utmost care.
6. The point that requires consideration is whether the
rejection of the claim petition is just and proper?
7. The facts are sufficiently stated and do not require
reiteration. Suffice it to note that according to the claimant, the
alleged accident appears to have occurred on the 4th day of
June 2014 at about 3:30 p.m. The claimant is one
Smt.Rathnamma. A perusal of the material evidence on record
reveals that she was admitted to the hospital on the 4th day of
June 2014 and appears to have discharged on the 25th day of
June 2014. However, the complaint is made on the 21st day of
June 2014. There is a delay of seventeen days in making a
complaint. Taking note of the same, the Tribunal has concluded
that it is not a genuine case.
An attempt is made on behalf of the claimant that she
was seriously injured and her husband and relatives were
attending her in the hospital, hence there is a delay in making
the complaint. In this Court also, she adhered to the said
NC: 2024:KHC:9600
contention. As already noted above, the claimant is
Smt.Rathnamma and assuming for a while that she was under
treatment, nothing prevented her husband or any of her
relatives to make a complaint about the accident. This has not
been done in the present case. Hence, the contention regarding
delay is satisfactorily hopeless. The Tribunal extenso referred to
the material on record and concluded that the it is not a
genuine case and rejected the claim petition. In my view, the
conclusion so arrived at by the Tribunal is just and proper. I
find no reasons to interfere with the judgment.
For the reasons stated above, the appeal is devoid of
merits and it is liable to be dismissed.
8. Resultantly, the Miscellaneous First Appeal is
dismissed.
Sd/-
JUDGE
MRP
