IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN MISCELLANEOUS FIRST APPEAL NO. 5533 OF 2009 (MV) BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
SEETHA VILAS ROAD, MYSORE BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. REGIONAL OFFICE NO.31, GROUND FLOOR T.B.R. TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE – 560 024 BY ITS MANAGER (BY SRI. O.MAHESH, ADVOCATE) AND 1. LAKSHMI BAI AGED 41 YEARS W/O MUNISWAMY 2. MUNISWAMY, AGED 43 YEARS S/O LATE RAJUNAYAKA ... APPELLANT BOTH R/O GOLLARADIMBA VILLAGE KOLLEGAL TALUK, MYSORE DISTRICT 3. M.S.SAMEEVUNA MAJOR D/O UMMAR KHAN R/A SATHAGALLI LAYOUT MAHADEVAPURA ROAD MYSORE (SMT. BHUSHANI KUMAR, ADVOCATE FOR R1 AND R2;
VIDE ORDER DTD.11.8.2009, NOTICE TO R3 IS DISPENSED WITH) ... RESPONDENTS THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2009 PASSED IN MVC NO.270/2008 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, KOLLEGAL, AWARDING A COMPENSATION OF RS.2,59,376/- WITH 6% INTEREST THEREON, FROM THE DATE OF PETITION TILL REALISATION.
THIS MFA COMING ON FOR FINAL DISPOSAL, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The appellant-insurance company has challenged the legality of the award, dated 30.01.2009, passed by the Fast Track Court and Motor Accident Claims Tribunal, Kollegal, whereby, for the death of a child, the learned Tribunal has granted a compensation of Rs.2,59,376/-, along with an interest @ 6% per annum, from the date of filing of the petition till the date of realization.
2. Without going into the facts of the case, suffice it to say that the learned counsel for the appellant submits that during the proceedings before the learned Tribunal on 08.01.2009, the evidence of respondents-claimants was closed, and the Insurance Company was directed to present its evidence on 17.01.2009. However, the Insurance Company failed to present its evidence on the said date. Therefore, the case was scheduled to be listed on 23.01.2009. Due to unavoidable reasons, the Insurance Company could not present its evidence even on 23.01.2009. Without granting a further opportunity to present its witnesses, the evidence of the Insurance Company was closed. The judgment was reserved for pronouncement on 30.01.2009; the award was pronounced on 30.01.2009.
3. According to the learned counsel for the insurance company, the Company had filed an application for granting last chance to present its witness. However, the said application was dismissed. Thus, according to the learned counsel, the Insurance Company was denied a chance to contest the case, and to present its witness before the learned Tribunal. Thus, a grave injustice was caused to Insurance Company.
4. On the other hand, the learned counsel for the claimants-respondents submits that twice opportunities were given to the Insurance Company for producing its witness, but it had failed to do so. Therefore, the learned Tribunal was justified in closing the evidence of the Insurance Company. Secondly, the application for reopening of the case was filed after the award was pronounced. Therefore, the learned Tribunal was justified in rejecting the said application.
5. Heard the learned counsel for the parties.
6. It is trite to state that one of the first principles of law is that “justice should not only be done, but it must appear to be done”. Therefore, even the Insurance Company should have been given reasonable opportunities to present its witness. Admittedly, two opportunities were given to Insurance Company. However, in case a last opportunity were given to the Insurance Company, it would have left with the feeling that “justice has been done”. Therefore, this Court does not find valid reasons for closing the evidence of Insurance Company just on the second occasion.
7. Therefore, for the reasons stated above, this Court sets aside the award dated 30.01.2009, and directs the learned Tribunal to grant the Insurance Company a last opportunity to present its witness and to submit its argument, if any. The Insurance Company is directed to present its witness on 20.09.2017. The respondents-
claimants are also directed to be present either in person, or through a counsel on 20.09.2017, before the learned Tribunal. The learned Tribunal is directed to record the evidence on 20.09.2017, and to decide the claim petition on or before 15.10.2017.
A copy of this order would be sent to learned Tribunal along with the LCR.
The statutory deposit shall be returned to the Insurance Company.
Sd/- Judge HJ