IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.7830 OF 2010 [MV] BETWEEN NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, NO.1002/2, “BINDHU” , NEAR DOOM LIGHT CIRCLE, KOLAR.
BY ITS REGIONAL OFFICE, SHUBHARAM COMPLEX, 2ND FLOOR, 144, M.G. ROAD, BANGALORE-560 001.
REPRESENTED BY ITS DY. MANAGER. ... APPELLANT [BY SRI. P.B.RAJU, ADVOCATE] AND 1. SMT. HANUMAKKA @ MUNIYAMMA, W/O. GURAPPA, AGE:49 YEARS, R/O. SANGONDANAHALLI VILLAGE, KOLAR TALUK, KOLAR DISTRICT.
2. SHRI. K.M.VENKATESH, MAJOR, S/O. MUNISHAMAPPA, R/O. KODIHALLI VILLAGE, AMMANALLUR POST, KOLAR TALUK, KOLAR DISTRICT. ... RESPONDENTS [BY SRI. C.M.VENKATA REDDY, ADVOCATE FOR R2.
R1 - NOTICE DEEMED TO BE SERVED VIDE COURT ORDER DATED 03.03.2016] THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2008 PASSED IN MVC NO.101/2006 ON THE FILE OF THE 1 ADDITIONAL CIVIL JUDGE (SR. DN.) AND ADDITIONAL MACT., KOLAR, AWARDING A COMPENSATION OF RS.1,27,500/- WITH INTEREST @ 6% P.A. FROM THE DATE OF THE PETITION TILL REALIZATION.
THIS MFA COMING ON FOR FINAL HEARING, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The insurer has filed this appeal challenging the Judgment and Award passed by the MACT., Kolar, in MVC No.101/2006 dated 29.11.2008 wherein, a total compensation of Rs.1,27,500/- was awarded to the claimant for the death of one G.Muniyappa, aged about 6 years, in a road traffic accident.
2. I have heard the learned counsel for the appellant.
3. Briefly stated the facts of the case are that;
On 27.11.2005 at about 1.00 p.m., near Sangondanahalli village Kolar-Vemgal road, the deceased by name G.Muniyappa met with an accident involving a motorcycle bearing reg. No.KA-07/L-79 on account of the rash and negligent riding by its rider. He was shifted to R.L.Jalappa Hospital, Kolar and then to NIMHANS Hospital, Bengaluru for higher treatment and again shifted to R.L. Jalappa Hospital, Kolar and then to Mallige Hospital, Bengaluru and also to SNR Hospital, where he succumbed to the injuries on 15.01.2006 at 11.00 a.m.
The claimant is the mother of the deceased. The Tribunal has awarded a total compensation of Rs.1,27,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.
4. The only contention raised by the learned counsel for the appellant is that the insured vehicle has been implicated and the said vehicle has not at all involved in any accident. The learned counsel would place reliance on the FIR at Ex.P1 and contends that the said FIR was registered on the basis of the complaint lodged by an eye-witness by name Motappa M., which reveals that the vehicle involved was a motorcycle bearing reg. No.KA-04/EC-1776 and not the motorcycle bearing reg. No.KA-07/L-79. Hence, he submits that the findings recorded by the Tribunal is erroneous as the Tribunal has not at all considered the above aspects in the right perspective and therefore, he seeks to allow the appeal.
5. It is the case of the claimant that the deceased namely G.Muniyappa, aged about 6 years died in the accident which occurred on 27.11.2005 at 1.00 p.m., involving the motorcycle bearing reg. No.KA-07/L-79, which was insured with the appellant herein. To appreciate the contention raised by the learned counsel for the appellant it is necessary to peruse the FIR as well as the charge-sheet on record. Ex.P1 is the FIR., which was registered on 27.11.2005. The said FIR was registered on the basis of the complaint lodged by one Motappa M., wherein he has stated that when the deceased G.Muniyappa was crossing the road near Sangondanahalli Colony, at that time the rider of the two- wheeler bearing reg. No.KA-04/EC-1776 by riding the said two-wheeler in a rash and negligent manner dashed against him causing the accident and on account of which he fell down and sustained severe injuries and shifted to R.L.Jalappa Hospital. Subsequently, the injured succumbed to the injuries on 15.01.2006. Second FIR came to be registered on the basis of the complaint lodged by the mother of the deceased. In the said FIR., the vehicle’s registration number is mentioned as KA-07/L-79. The first informant Motappa M., has not been examined before the Tribunal. It is pertinent to note that in both the FIRs the name of the rider of the motorcycle is not mentioned. However, on a careful perusal of the documents on record, it is noticed that immediately after registration of the FIR on 27.11.2005 a spot-mahazar as per Ex.P3 was conducted on 27.11.2005 itself, wherein it is clearly stated that the two-wheeler, which was involved in the accident was bearing reg. No.KA-07/L-79 and the rider of the said two-wheeler after causing the accident had not stopped the said vehicle and went away. After completion of the investigation, charge-sheet has been filed against the rider of the motorcycle bearing reg. No.KA-07/L-79 for the offence punishable under Sections 279, 304-A of IPC and under Section 187 of the IMV Act, which is not disputed by the learned counsel for the appellant. In that view of the matter, the contention of the learned counsel appearing for the appellant that the injured vehicle has been falsely implicated in the case cannot be accepted. For the foregoing reasons, I pass the following:
ORDER The appeal is dismissed.
Sd/- JUDGE.
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