IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS M.F.A. NO.8557 OF 2012 (MV) BETWEEN 1. MRS. KALYANI BANGERA W/O LATE SANJEEVA SALIAN AGED ABOUT 63 YEARS 2. MISS. NALINI D/O LATE SANJEEVA SALIAN AGED ABOUT 34 YEARS BOTH ARE RESIDING AT KALMADY, MATADATHOTA, POST MALPE, KODAVOOR VILLAGE, UDUPI-576118.
... APPELLANTS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND 1. MR. SANDEEP AMIN S/O MR. PRABHAKAR AMIN, AGED ABOUT 28 YEARS, NEAR MISSION GORI, MALPE KOLA, MALPE-576118, UDUPI TALUK.
2. THE UNITED INDIA INSURANCE CO. LTD THE DIVISIONAL MANAGER, UDUPI BRANCH, UDUPI-576101.
... RESPONDENTS (BY SRI. O. MAHESH, ADVOCATE FOR R2; SRI. RAJARAM S, ADVOCATE FOR R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.06.2012 PASSED IN MVC NO.442/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T R. DEVDAS J., (ORAL):
This is an appeal arising out of an accident claim petition where the petition claiming compensation in a case of death involving a motorcycle accident has been rejected.
2. One Harish Bangera is said to have met with a motor cycle accident on 20.10.2008 at about 7.15 p.m, near Mogaveera Sabha Bhavan of Malpe-Udupi road. One Mr.Dinesh, who is said to be a friend of the deceased Harish Bangera has given the first information to Malpe Police Station, within 1½ hours of the accident. The information given by the said Dinesh S/o Muddu Poojari is that one Sandeep Amin was riding the offending vehicle bearing Registration No.KA- 20-R-6332, in a rash and negligent manner and dashed against the deceased. Ex.P2 is the written complaint lodged by the said Dinesh.
3. The claim petition was filed by the mother and sister of the deceased, since the deceased was unmarried. In the claim petition, the registration number of the offending vehicle is given as KA-20-R- 8142.
4. Learned counsel Sri. O. Mahesh, appearing for the respondent-Insurance Company submits that a written statement was filed by the Insurance Company on receiving the notice from the Tribunal. But, thereafter it was noticed by the Insurance Company that the vehicle number given in the complaint is KA- 20-R-6332, while the registration number given in the claim petition is different. Having noticed the same, Insurance Company sought amendment of its written statement brining the said information in the written statement.
5. The Tribunal having considered the pleadings, evidence on record and arguments of the learned counsels, came to a conclusion that the claimants were not justified in showing the registration number of the vehicle which was not shown to be involved as per the first information given to the police. The Tribunal has held that the claimants have not examined the complainant or police officer to substantiate the change in the registration number of the vehicle involved in the accident. The Tribunal proceeded to hold that there is a serious doubt with regard to involvement of the motorcycle bearing Registration No.KA-20-R-8142, in the accident which caused the death of Harish Bangera. As a consequence, claim petition was dismissed.
6. Learned counsel for the appellants submits that the appellants are ignorant of the legal procedures and they were not properly guided in the matter. It is further pleaded by the learned counsel that the matter be remanded so that the claimants/appellants could establish their case by examining the complainant and police officer to substantiate their contention that the vehicle involved in the accident was indeed Registration No.KA-20-R-6332 and not other vehicle, as was stated in the complaint.
7. Learned counsel for the respondent-Insurance Company submits that the claimants had sufficient opportunity and have failed to prove the involvement of the vehicle. Learned counsel submits that it has become a trend in motor accident claims cases to falsify the vehicles involved in the accident, when it is found that the vehicle actually involved in the accident had no insurance cover.
8. Having heard the learned counsels and on perusing the appeal papers and lower courts record, this Court is of the opinion that the claimants may be given another opportunity to substantiate their contentions that motorcycle bearing Registration No.KA-20-R-6332 was actually involved in the accident and the registration number given by a third party may not have been correct and on investigation, the police have found that the vehicle involved in the accident is the vehicle bearing Registration No.KA-20-R-6332 and KA-20-R-8142.
9. Accordingly, the appeal is allowed and the impugned judgment and award dated 11.06.2012 in MVC No.442/2009 on the file of Additional Senior Civil Judge and Additional MACT, at Udupi is hereby quashed and set-aside. The matter is remanded back to the Tribunal.
Having regard to the facts that the accident is of the year 2008, and the claim petition was filed in the year 2009, the Tribunal is directed to hear and dispose of the matter within a period of six months from the date of receipt of certified copy of this order.
The parties are hereby directed to appear before the Tribunal on 18.03.2019, at 11.00 am.
The respondent-Insurance Company is also permitted to canvass before the Tribunal that if the claim petition is allowed, interest for the period from the date of the judgment of the Tribunal till the date of disposal of the claim petition after the remand shall not be payable by the respondent-Insurance Company.
Copy of this order shall be forwarded to the Additional Senior Civil Judge and Additional MACT, Udupi.
SD/- JUDGE DL