IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.2661 OF 2010 (MV) BETWEEN:
M.MANJUNATHA S/O MUNIYAPPA AGED ABOUT 39 YEARS, R/O KUDAVANAHALLY, HOSUR HOBLI, KOLAR TALUK, KOLAR DIST. ...APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADV.) AND:
1. R.S.PRASANNAKUMAR S/O SRI.RAMAREDDY AGED ABOUT 32 YEARS, R/A NO.72, 16TH MAIN, BTM LAYOUT, IST STAGE, BANGALORE 2. THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., HAVING ITS OFFICE AT NO.105A/107A CEARS PLAZA, 136, RESIDENCY ROAD, BANGALORE – 25 ...RESPONDENTS (BY SMT.H.R.RENUKA, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH V/O DTD:04.09.2013) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.10.2009 PASSED IN MVC NO.5019/2007 ON THE FILE OF XIX ADDITIONAL SCJ & MACT, BANGALORE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For having suffered injuries in the road traffic accident, the claim petition came to be filed before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its judgment dated 12th October 2019 passed in MVC No.5019 of 2007 dismissed the claim petition. This appeal is filed challenging the judgment of the Tribunal.
2. Heard the learned counsel for the appellant and gone through the judgment of the Tribunal.
“...As per the wound certificate dated 27.06.2006 issued by the said hospital dated 27.6.2006 and the cross-examination commenced on 11.00 am 27.06.2006. It is also mentioned in the wound certificate that he was admitted as an inpatient No.6044 date of accident is mentioned as 12.06.2006 at 2.25 pm and as per X-ray No.8083/27-06-2006 petitioner suffered fracture of uppor end of left tibia and patella. The fact of accident is also not intimated by the hospital authorities for the best reasons best known to them. The petitioner himself in his affidavit evidence that on 11.06.2006 at about 11.30 am when the petitioner was proceeding in a motorbike bearing registration No.KA 05 EP 9644 as pillion rider and the driver of the said motor bike was driving the same at high speed in a rash and negligent manner and dashed against road side poll. The record discloses that seizure of the offending vehicle was made on 24.07.2006 and on the same day it was inspected by IMV inspector. Surprisingly the report reveals that the offending vehicle was not at all damaged. It is very amazing that the petitioner has stated that the vehicle of the petitioner was hit to the road side poll and it was damaged and obviously the incident has taken place. The vehicle should have been damaged to some extent. But in the present case, the report reveals that the vehicle was not at all damaged.”
In that view of the matter, I am not inclined to interfere in the matter. Appeal accordingly stands dismissed.
Sd/-
ACTING CHIEF JUSTICE lnn