Karnataka High Court
Mr Y M Nagaraju vs M/S Bharati Axa General Insurance Co. ... on 23 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:42634
MFA No. 10476 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.10476 OF 2013 (MV-I)
BETWEEN:
MR. Y.M. NAGARAJU
S/O MUNIVENKATAIAH,
AGED ABOUT 48 YEARS,
R/AT NO.30/2, 'C' STREET, 1ST MAIN ROAD,
NEW GUDDADAHALLI, MYSORE ROAD,
BANGALORE - 560 026.
...APPELLANT
(BY SRI. T. N. VISWANATHA.,ADVOCATE)
AND:
1. M/S BHARATI AXA GENERAL INSURANCE CO. LTD.
1ST FLOOR, 'FEONS ICON',
SY.NO.28, DODDANEKKUNDI VILLAGE,
K.R.PURAM HOBLI,
BANGALORE - 560 037.
Digitally signed
by RAMYA D
Location: High
Court of
2. MR. RAMACHANDRA
Karnataka S/O SRI VENKATARAMAIAHM, MAJOR,
R/AT RAMASAGARA VILLAGE,
HAROHALLI HOBLI.
KANAKAPURA TALUK - 562 117.
RAMANAGARA DISTRICT.
...RESPONDENTS
(BY SRI. A. N. KRISHNA SWAMY ADVOCATE FOR R1;
R2 SERVED AND UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD DATED 6.6.2013
PASSED IN MVC NO.3329/2011 ON THE FILE OF THE 4TH
-2-
NC: 2024:KHC:42634
MFA No. 10476 of 2013
ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES,
BANGALORE, DISMISSING THE CLAIM PETITION FOR
COMPENSATION AND ETC.,
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The appeal is filed by the claimant - appellant
questioning the judgment and award dated 06.06.2013
passed in MVC No.3329/2011 by the Motor Accident Claims
Tribunal, Bengaluru (SCCH-6), which dismissed the claim
petition.
2. It is the case of the claimant - appellant that
while he was travelling as a passenger in an Auto Rickshaw
bearing registration No.KA-42-6015 on 01.05.2011 at about
4:30 p.m., the said Auto Rickshaw was toppled down due to
the rash and negligent driving of the Auto Rickshaw
therefore, the claimant had sustained injuries. The Tribunal
has dismissed the claim petition filed by the claimant -
appellant on the reason that there is no convincing evidence
NC: 2024:KHC:42634
to prove that the claimant - appellant had sustained injuries
in the accident.
3. For the sake of convenience and easy reference,
the parties are referred to as per rankings before the
Tribunal.
4. Heard the arguments addressed by the learned
counsels appearing for both the parties and perused the
materials placed on record.
5. The accident occurred on 01.05.2011 at about
4:30 p.m., and the compliant was lodged before the Police
on 19.05.2011 at about 12:30 p.m. Ex.P-6 is the Wound
Certificate issued by the Shubash Medical Center, which
shows that the claimant - appellant was shifted to the
hospital with the help of public on the same day, after the
accident at about 6:45 p.m. with a history that the Auto
Rickshaw was toppled down while the claimant - appellant
was travelling in the said Auto Rickshaw. The Tribunal has
noted down some overwritings in the medical records of
KIMS hospital, Bengaluru. There is some delay occurred in
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lodging the complaint before the Police, and he has taken
treatment in KIMS hospital, Bengaluru. Hence, on these
reasons, the Tribunal has dismissed the claim petition.
6. Just because the complaint is lodged belatedly,
that cannot be made the ground to reject the claim petition
because the delay has to be considered on facts and
circumstances in each case. Ex.P-6 is the wound certificate
issued by the Shubash Medical Center, Ramanagara, which
shows that the claimant was admitted to the hospital on
01.05.2011, soon after the accident with a history of the
road traffic accident. Ex.p-7 is the discharge summary of
the KIMS hospital, Bengaluru, which reveals that the
claimant - appellant was admitted to the hospital on
05.05.2011.
7. Therefore, the Court is of the opinion that the
evidence produced in this regard is to be re-appreciated in
order to find out whether the claimant has sustained injuries
in the Motor Vehicle accident as stated in the claim petition.
Therefore, the Court is of the opinion to remand the matter
NC: 2024:KHC:42634
to the Tribunal for fresh consideration as there are many
disputed facts involved, which needs proper adjudication;
therefore, without expressing any opinion on the merits
involved in the case, the matter is remanded to the Tribunal
for fresh consideration by setting aside the judgment and
award passed by the Tribunal. Accordingly, the judgment
and award passed by the Tribunal is set aside. Therefore,
the appeal is allowed and remanded.
8. Hence, I proceed to pass the following:
ORDER
i. The Miscellaneous First Appeal is allowed.
ii. The judgment and award dated
06.06.2013 passed in MVC No.3329/2011
by the Motor Accident Claims Tribunal,
Bengaluru (SCCH-6) is hereby set aside.
iii. The matter is remanded to the Tribunal
for fresh consideration.
iv. All contentions are kept open and the
parties are at liberty to adduce any
further evidence either oral or
NC: 2024:KHC:42634
documentary or both, if they are so
advised.
v. The Tribunal shall independently
appreciate evidence on record and pass
appropriate order as per law.
vi. The parties shall appear before the
Tribunal on 26.11.2024 without expecting
further notice from the Tribunal.
vii. The Tribunal shall dispose of the appeal
within a period of 6 months from the date
of 26.11.2024.
viii. Whatever the observations made above,
shall not be construed as discussed on
merits involved in the case, but only the
prima facie observation regarding lis for
the purpose of remanding the matter.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
