IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 08TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE G.NARENDAR M.F.A. NO.1275/2017 (MV) BETWEEN SRI ASHOKA M G S/O GIRIYAPPA AGED ABOUT 36 YEARS, R/O LABOUR COLONY MANDYA CITY-571 401 (BY SRI MARI GOWDA, ADV.) AND 1. SRI H S SANTHOSH KUMAR S/O SATHYENDRA, AGED ABOUT 45 YEARS, R/AT GARIBISITE, MANGAIAHNAGARA, HOSABUDANUR VILLAGE, KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571401 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., M.C.ROAD, MANDYA-571401.
...APPELLANT …RESPONDENTS (BY SRI M S SRIRAM, ADV. FOR R2, NOTICE TO R1 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26/09/2016 PASSED IN MVC NO.1427/2013 ON THE FILE OF THE 1 ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANDYA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellant and the learned counsel for the respondents.
2. Though the appeal is listed for Admission, it is taken up for disposal.
3. Appellant is the claimant before the tribunal and is before this court being aggrieved by the quantum of compensation awarded by the tribunal while disposing off the claim petition in M.V.C. No.1427/2013 on the file of the First Additional Senior Civil Judge & MACT, Mandya by judgment and award dated 26.09.2016.
4. The tribunal while rendering a finding on issue No.2 with regard to the injuries suffered and the treatment taken by the appellant-claimant, has recorded that apart from producing wound certificate issued by the private clinic, neither the medical practitioner nor treatment records are produced. It has also rendered a finding that there is no material to demonstrate that the claimant had been admitted as an in-patient in the hospital. It is seen that the documents produced with regard to the treatment undergone are Ex.P5 and Ex.P7 i.e., wound certificate and OPD Slip.
5. Learned counsel for the appellant submits that except wound certificate and OPD slip, no other records with regard to the treatment undergone by the claimant are produced .
6. If that be the case, the finding in the wound certificate that the claimant has suffered a fracture of femur is suspect and probably, the medical practitioner has avoided appearance before the court in support of his certificate in order to avoid himself being exposed. Hence, there is no merits in the case.
Accordingly, the appeal is dismissed without being admitted.
Chs* CT-HR Sd/- JUDGE