IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT M.F.A.No.4056/2013 [MV] BETWEEN:
1. SMT. KAMALLAMMA W/O LATE G.C.SANJEEVA REDDY AGED ABOUT 46 YEARS HOUSE WIFE 2. KIRAN G.S.
S/O LATE G.C. SANJEEVA REDDY AGED ABOUT 26 YEARS AGRICULTURIST 3. KISHORE G.S.
S/O LATE G.C.SANJEEVA REDDY AGED ABOUT 23 YEARS ITI STUDENT ALL ARE R/O BHARASAMUDRA JAGALUR TALUK NOW RESIDING C/O CHENNAREDDY KADABANAKATTE VILLAGE CHITRADURGA TALUK AND DISTRICT.
... APPELLANTS (BY SRI. R SHASHIDHARA, ADV.) AND:
1. G R ASHWATHA REDDY S/O G.RAMAREDDY AGED ABOUT 49 YEARS OWNER OF THE SAPTHAGIRI BUS BEARING REGN.NO.KA-16-A-9901 R/O 1ST MAIN ROAD OPP: VIDYADYAYINI SCHOOL VIDYANAGARA, CHITRADURGA CITY.
2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., SHARADA COMPLEX OPP:KSRTC BUS STAND CHITRADURGA.
(BY SRI.S V HEGDE MULKHAND, ADV. FOR R2 R1- NOTICE D/W V/O DT:03.03.2017) … RESPONDENTS THIS M.F.A. IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2012 PASSED IN MVC NO.1907/2009 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, CHITRADURGA, DISMISSING THE CLAIM PETITION FOR 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 appellants/claimants are in appeal being aggrieved by the dismissal of the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, under the judgment and award dated 8.11.2012 passed in MVC No.1907/2009 on the file of Additional District and Sessions Judge, Additional MACT, Chitradurga.
2. The claimants are the wife and children of the deceased Sanjeeva Reddy. The present claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming medical expenses incurred towards treatment of the deceased Sanjeeva Reddy in a motor vehicle accident which occurred on 25.07.2009. The deceased was aged 45 years as on the date of accident, he was working as a clerk in Raghavendra Cement Agency, was earning Rs.3,500/- per month and was also earning Rs.3,000/- per month as an agriculturist. The claimants had filed MVC No.940/2009 claiming compensation towards loss of dependency due to the accidental death of deceased Sanjeeva Reddy. The said MVC No.940/2009 was allowed and total compensation of Rs.4,75,000/- was awarded against which MFA No.2280/2012 was filed which was allowed enhancing the compensation. The claimants had filed the present claim petition claiming compensation towards medical expenses on the same cause of action i.e., the death of Sanjeev Reddy on 25.07.2009 in the motor vehicles accident. MVC No.940/2009 filed claiming compensation as stated above was allowed and compensation was granted vide judgment and award dated 13.07.2011 wherein compensation towards medical expenses to the tune of Rs.15,000/- was also awarded.
3. The claimants could not have filed two claim petitions on the same cause of action, one for claiming compensation towards loss of dependency and one claiming compensation for medical expenses on the same day. The Tribunal is justified in rejecting the claim petition claiming compensation on the head of medical expenses. The Tribunal while rejecting the application has rightly noted that the claimant was awarded Rs.15,000/- for medical expenses in MVC No.940/2009 filed by the very same claimants. I find no error or perversity in rejection of the claim petition by the Tribunal. Accordingly the appeal is dismissed.
Sd/- JUDGE NG* CT:bms