IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.4826 OF 2010 (MV) BETWEEN:
SHRIDHAR ACHARY S/O PADMANABHA ACHARY AGED 50 YEARS R/AT BRAHMAVARA CHANTHARU VILLAGE, UDUPI TALUK …APPELLANT (BY SRI. K.PRASANNA SHETTY, ADV.) AND:
1. MAHESH MOILY AGED ABOUT 36 YEARS S/O GOPAL DEVADIGA R/AT GANAPAYYA NILAYA CHANTHARU VILLAGE UDUPI TALUK 2. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, VISHNU PRAKASH 2ND FLOOR, COURT ROAD, UDUPI (REPRESENTED BY ITS DIVISIONAL MANAGER) ...RESPONDENTS (BY SRI.M.ARUN PONNAPPA, ADV. FOR R2 R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.02.2010 PASSED IN MVC NO.1128/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND ADDITIONAL MACT, KUNDAPURA, DISMISSING THE PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Claim petition filed by the petitioner before the Motor Accident Claims Tribunal, Kundapura came to be rejected by the Tribunal by its Judgment dated 20th February 2010 passed in MVC No.1128 of 2006 on the ground that the claimant has not proved the accident for the purpose of claim. It is referred by the learned judge that the claimant has failed to prove the accident and he has also not produced the charge-sheet, etc.
2. The learned counsel for the respondent supports the order and submits to dismiss the appeal.
3. Heard the learned counsel for the parties and gone through the judgment of the Tribunal. Exhibit P1 is the first information report which reveals that the driver of the offending vehicle has committed accident on 03rd December 2005 for which case was registered for the offences punishable under Sections 279 and 338 of the Indian Penal Code. The complaint made resulted in registering a first information report, also reveals the fact of suffering accident by motorbike bearing registration number KA-20-R-5959. The wound certificate produced which was issued by Mahesh Hospital, Brahmavar, Udupi also reveals the fact of suffering accidental injury while travelling on a motor bike. The appellant has also produced chargesheet number 145/2005 for the offences punishable under Section 279 and 338 of the Indian Penal Code and for having suffered the road traffic accident and the case has been registered in crime number 192 of 2005 dated 03rd December 2005.
In the light of the first information report, charge sheet, complaint, and also the wound certificate which undisputedly refer to the fact of occurrence of accident, I hold that the injured has proved the case of accident for the purpose of maintainability of the claim petition.
Exhibit P4-wound certificate discloses that the injured has suffered the following injuries:
1. CLW of 5 x 3 x 1 cm with lateral aspect of left ankle;
2. malleolus fracture 3. tenderness over medial aspect of left ankle, 4. medial melleolus fracture 5. CLW of size 9 x 2 x 1 cm over palm aspect of left hand 6. pain and tenderness over left side of chest.
As per exhibit P4, Kota police have also produced wound certificate dated 10th December 2005 which goes to show the occurrence of accident and also about the injuries suffered by the injured. Considering all these aspects, I hold that, if a global compensation after Rs.1,00,000/- is awarded, the same would meet the ends of justice. Accordingly it is awarded. Insurance is directed to satisfy the award within a period of eight weeks from the date of receipt of the certified copy of this order. Appeal is allowed in part.
Sd/-
ACTING CHIEF JUSTICE lnn