Karnataka High Court
The Manager vs Nagamma on 11 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45630
MFA No. 7389 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.7389 OF 2018(MV-I)
BETWEEN:
1. THE MANAGER
M/S. SHRIRAM GENERAL INSURANCE
COMPANY LTD.
NO.S-5, 3RD FLOOR, MONARCH CHURCH
INFANTRY ROAD
BENGALURU-560 001
NOW REPRESENTED BY
M/S. SHRIRAM GENERAL INSURANCE
COMPANY LTD.,
NO.5/4, 3RD FLOOR, S. V. ARCADE
BILAKAHALLI, BANNERUGHATTA MAIN ROAD
IIMB POST, BENGALURU
REPTD. BY ITS ASSISTANT MANAGER.
Digitally
...APPELLANT
signed by (BY SRI B. C. SHIVANNE GOWDA, ADVOCATE)
KIRAN
KUMAR R
Location:
HIGH COURT AND:
OF
KARNATAKA
1. NAGAMMA
W/O. PARAMASHIVAIAH @ NEELAPPA
NOW AGED ABOUT 49 YEARS
R/AT ALANATHA VILLAGE AND POST
KODIHALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT.
2. HARISHKUMAR C.
S/O. CHANDRAPPA
MAJOR
-2-
NC: 2024:KHC:45630
MFA No. 7389 of 2018
AREHALLI VILLAGE, ATTIBELE HOBLI
ANEKAL TALUK, BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI GIRIMALLAIAH, ADVOCATE FOR R-1;
R-2 IS SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 25.05.2018
PASSED IN MVC NO.150/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MACT, KANAKAPURA, AWARDING
COMPENSATION OF RS.1,65,800/- WITH INTEREST @ 7.5%
P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The insurer is in appeal being aggrieved by the
finding of the Tribunal that the vehicle that had
insured was involved in the accident and
consequently contending that they would not be
liable to pay any compensation.
2. The principal argument of the insurer is that the
medical records which were relied upon by the
claimant indicated that she suffered a road traffic
accident, but the vehicle that was involved was not
mentioned in the hospital records. The principal
NC: 2024:KHC:45630
contention of the insurer that the hospital records did
not indicate with which vehicle the two wheeler (in
which the claimant was riding pillion) collided with
and the records did not indicate the registration
number of the vehicle at all. It is contended that the
complaint was lodged nine days after the incident, at
which point in time the vehicle number was
mentioned and therefore this was a clear case of the
vehicle being implicated in the accident.
3. The hospital records which are produced indicate that
the claimant was brought to the hospital with the
history of a road traffic accident while she was riding
pillion. It is no doubt true that in these medical
records the vehicle with which the two wheeler met
with an accident is not mentioned. However, the
argument of the insurer would fail into insignificance
in the light of the suggestion made by its own
counsel to the claimant on 14.08.2017.
NC: 2024:KHC:45630
4. The learned counsel for the insurer has himself made
a clear suggestion in the following terms:
"¢£ÁAPÀ 6/7/2013 gÀAzÀÄ PÉJ 51-©-507 gÀ mÁmÁ J¹
ªÁºÀ£ÀªÀ£ÀÄß CzÀgÀ ZÁ®PÀ ¤zsÁ£ÀªÁV ZÁ®£É ªÀiÁrPÉÆAqÀÄ
§gÀÄwÛzÀÝgÀÆ £Á£ÀÄ »A§¢ ¸ÀªÁgÀPÀ¼ÁV §gÀÄwÛzÀÝ ªÉÆÃmÁgÀÄ
¨ÉÊPÀÄ CwªÉÃUÀ¢AzÀ ¸ÀzÀj mÁmÁ J¹ ªÁºÀ£ÀPÉÌ CqÀدÁV
§AzÀÄ qÀQÌ¥Àr¹ C¥ÀWÁvÀªÁVzÉ JAzÀgÉ ¸ÀgÀAiÀÄ®è".
5. When the insurer itself suggested that the accident
occurred between the vehicle that it had insured and
the two wheeler in which the claimant was riding
pillion, the entire argument of the insurer that the
vehicle was not involved falls to the ground.
6. It is also noticed that the sums awarded towards
compensation are just and proper and do not require
any reduction. Consequently, this appeal is
dismissed.
Sd/-
(N S SANJAY GOWDA)
JUDGE
