IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.7128/2015 (MV) BETWEEN:
JOHN WALTER S/O LATE SILVESTER JKODEDERO SINCE DECEASED BY LRS 1. SMT. JHANAVI W/O LATE JOHN WALTER AGED ABOUT 36 YEARS 2. KUM.LINET KODADERO D/O LATE JOHN WALTER AGED ABOUT 13 YEARS 3. KUM. LODWIN KODADERO D/O JOHN WALTER AGED ABOUT 11 YEARS ALL ARE R/O ITTIGE, SEEGODU N R PURA TALUK CHIKMAGALUR DISTRICT-577101.
...APPELLANTS (BY SRI. SRIKANTH N V, ADV. SRI. SACHIN B S, ADV.) AND:
1. SRI BHAVANI SHANKAR S/O MANJUNATHA AGED ABOUT 18 YEARS DRIVER, FORD CAR R/O NETAJI NAGAR, KOPPA KOPPA TALUK-577162.
2. SRI MOHAMMED HANEEF S/O H G HUSSAIN AGED ABOUT 33 YEARS COOL DRINKS DEALER GUNAVATHE ROAD, KOPPA KOPPA TOWN-577162.
3. M/S. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., C/O MOHAMMED HANEEF GUNAVANTHE ROAD KOPPA, KOPPA TOWN CHIKMGALUR DISTRICT-577101.
…RESPONDENTS (BY SRI. ABDUL RAZAK, ADV. FOR R2 SRI. RAVI S SAMPRATHI, ADV. FOR R3 R1-NOTICE D/W V/O DT:29/11/2016) THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.639/2012 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The legal representatives of the claimant are in appeal, not being satisfied with the quantum of compensation awarded under the judgment and award dated 31.10.2014 in MVC No.639/2012 on the file of the II Additional District Judge and the Motor Accidents Claims Tribunal, Chikmagalur (hereinafter referred to as 'the Tribunal' for short).
2. One John Walter filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation for the injuries sustained by him in a road traffic accident occurred on 07.08.2012. But, during the pendency of the claim petition, the claimant died on 05.10.2013. The appellants herein/legal representatives of the claimant John Walter came on record and prosecuted the claim petition contending that the deceased died due to injuries sustained in the motor vehicle accident. The Tribunal, under the impugned judgment and award, awarded medical expenses at Rs.42,800/- with interest at the rate of 7% p.a., from the date of petition till realization. The appellants-legal representatives of the claimant are in appeal, being aggrieved by the judgment and award on the ground that the Tribunal failed to consider the contention of the appellants that the deceased/claimant died due to accidental injuries sustained in the accident that occurred on 07.08.2012 and the Tribunal failed to appreciate the nexus between the injury sustained and the reason for death.
3. Heard the learned counsel for the appellant.
Perused the material on record.
4. Learned counsel for the appellant would submit that the claimant had sustained cut lacerated wound over the left frontal region and deformity over left leg, abnormal mobility of left leg which is grievous in nature. Due to the accidental injuries, the claimant died on 05.10.2013. Learned counsel submits that death certificate-Ex.P15 is placed on record. Looking to the materials on record and evidence of P.W.1 and P.W.2, the Tribunal ought to have held that the death had nexus to the injuries sustained in the accident and ought to have granted compensation for loss of dependency. Thus, prays for allowing the appeal.
5. Having heard the learned counsel for the appellant and on perusal of the material on record, the only point which falls for consideration in this appeal is as to “whether the Tribunal is justified in coming to the conclusion that the legal representatives of the claimant have not established nexus between the accidental injuries and death of claimant/John Walter?”
6. Answer to the above point would be in the affirmative for the following reasons:
The accident which had occurred on 07.08.2012 involving the Alto Car bearing registration No.KA-18/N- 2049 and the accidental injuries sustained by the claimant/John Walter is not in dispute in this appeal. The claimant/John Walter died more than one year after the accident i.e., on 05.10.2013. The legal representatives of the claimant state that the death of claimant/John Walter was due to the accidental injuries sustained in the motor vehicle accident, but to prove that the accidental injuries has nexus to the death of the claimant, the claimants have neither examined the Doctor nor have placed on record the Post Mortem report. More over the death had taken place more than one year two months after the accident. No material is placed on record to prove that the death of the claimant was due to the accidental injuries. Further, no material is placed on record to establish the continuous treatment taken by the deceased-John Walter from the date of accident till his death on 05.10.2013. In the absence of those materials, the Tribunal is justified in awarding compensation on the head of medical expenses to an extent of Rs.42,800/- rejecting the prayer for compensation on the head of loss of dependency.
7. As the claimants have not established the nexus between the accidental injuries and death of the claimant/John Walter, the judgment and award passed by the Tribunal is neither perverse nor erroneous. The appellants have not made out any case for interference. Accordingly, the appeal stands dismissed.
Sd/-
JUDGE mpk/-* CT:bms