Karnataka High Court
Sri Shivakumar R vs Abdul Samadh on 5 November, 2024
-1-
NC: 2024:KHC:44457
MFA No. 5584 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.5584 OF 2023(MV-I)
BETWEEN:
SRI. SHIVAKUMAR R.,
S/O RANGANATHA,
AGED ABOUT 37 YEARS,
WORKING AS A SERVICE ADVISER,
OFFICE. SHRUTHI MOTORS,
MARUTHI CAR SHOW ROOM,
SHIVAMOGGA.-577 201
R/O RANGANATHAPPA (GUNDAPPA)
DEVANAHALLI POST,
BHADRAVATHI,
SHIVAMOGGA 577 201
...APPELLANT
(BY SRI. M.V. MAHESWARAPPA, ADVOCATE)
Digitally signed
by KAVYA R AND:
Location: High
Court of 1.
Karnataka ABDUL SAMADH,
S/O MOHAMMED KUNJI BABA,
AGED ABOUT 34 YEARS,
R/O KALANDHAR NAGAR,
4TH CROSS, RENTED HOUSE OF
SADHAR SAB, ARALIHALLI VILLAGE,
BHADRAVATHI TALUK.
2. JAKAVULLA,
S/O. HUSAIN SAB,
AGED ABOUT 33 YEARS,
AGRICULTURIST,
-2-
NC: 2024:KHC:44457
MFA No. 5584 of 2023
R/O NEW MOHALLA,
DONABHAGATTA VILLAGE,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 201.
3. THE MANAGER
SHRI RAMA GENERAL INSURANCE
CO. LTD.,
E-8, SITHAPURA INDUSTRIAL AREA,
JAIPURA,
RAJASTHAN STATE - 640 061.
...RESPONDENTS
(BY SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 IS D/W, V/O/D 17.08.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 12.06.2023 PASSED IN MVC
NO.323/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND MACT -IV, SHIVAMOOGA SITTING
AT BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.M.V.Maheswarappa learned counsel for the
appellant and Sri.A.N.Krishna Swamy learned counsel for
respondent No.3.
NC: 2024:KHC:44457
2. On the ground that the sum awarded as
compensation by the Motor Accidents Claims Tribunal-IV,
Shivamogga through orders in M.V.C.No.323/2022 dated
12.06.2023 is grossly low, this appeal is filed by the
claimant therein.
3. Sri.M.V.Maheswarappa representing the appellant
submits that appellant sustained grievous injuries in a
road traffic accident and out of those injuries one is to the
head. Learned counsel states that the appellant was taking
treatment even while the proceedings before the tribunal
were going on. Learned counsel states that as the
appellant could not evince interest in the matter as he was
under medication, he could not gather the relevant
documents and adduce all the medical evidence to
establish the aspect of disability. Learned counsel also
states that in the absence of sufficient medical evidence
being produced, the tribunal awarded a meager sum of
Rs.15,000/- as compensation.
NC: 2024:KHC:44457
4. Learned counsel submits that he filed an
application before this Court vide IA No.1/2024 seeking
the Court to receive the additional documents produced.
Learned counsel thereby seeks to remand the matter to
the tribunal permitting the appellant to adduce additional
evidence.
5. Sri.A.N.Krishna Swamy, learned counsel for
respondent No.3 submits that though the appellant moved
an application vide IA No.1/2024 for production of
additional documents, as the genuineness of those
documents should be tested through cross examination of
the author of those documents, it would be better if the
matter is remanded back to the tribunal concerned.
6. Liability to establish the eligibility to receive the
demanded amount as compensation would always be upon
the claimants. In this case, the version of the
appellant/claimant is that due to head injury sustained and
the treatment being taken, he could not adduce the
relevant medical evidence in support of his claim. As
NC: 2024:KHC:44457
against the claim for Rs.15,60,000/-, the tribunal awarded
a sum of Rs.15,000/- as compensation. Thus, having
considered the submission that is made by
Sri.M.V.Maheswarappa learned counsel for the appellant
and as this Court is of the view that the claimant should
not suffer, holds that the matter is required to be
remanded back to the tribunal concerned according
permission to both parties to adduce their evidence
regarding the entitlement of the appellant to receive
compensation to the extent claimed.
7. Thus, the appeal is disposed of with the following
ORDER
i. The appeal is allowed in part.
ii. M.V.C. No.323/2022 which stood pending before the
Motor Accidents Claims Tribunal-IV, Shivamogga is
remanded back to the same tribunal.
iii. The tribunal is directed to accord opportunity to both
parties to adduce evidence regarding the sum
NC: 2024:KHC:44457
claimed and render fresh order basing on such
evidence.
iv. Parties are directed to appear either in person or
through their counsel before the tribunal on
18.01.2025.
v. No further notice is required to be issued.
vi. IA No.1/2024 stands disposed of.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
