The High Court dismissed a miscellaneous first appeal filed against the Motor Accidents Claims Tribunal's judgment rejecting a compensation claim for death in a traffic accident. The Court found no merit in the appeal as the charge sheet absolving the vehicle reached finality.
The miscellaneous first appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 1030 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO.1030 OF 2015(MV-D)
BETWEEN:
W/O LATE B. I. KUMARASWAMY, AGED ABOUT 44 YEARS,
S/O LATE B. I. KUMARASWAMY, AGED ABOUT 23 YEARS,
ALL ARE R/O PRASADIHALLI VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT-570001.
…APPELLANTS
(BY SRI. K. L. SREENIVAS., ADVOCATE)
Digitally signed by USHA NAGENAHALLI SHANMUKHAPPA Location: High Court of Karnataka
AND:
MFA No. 1030 of 2015
…RESPONDENTS
(BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2; SRI ABHINAY Y.T., ADVOCATE FOR R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 23.10.2014 PASSED IN MVC NO.1484/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR, AND TO ALLOW THE CLAIM PETITION GRANTING SUITABLE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, B. VEERAPPA J., DELIVERED THE FOLLOWING:
J U D G M E N T
The claimants have filed the present miscellaneous first appeal against the impugned judgment and award dated 23.10.2014 passed in MVC No.1484/2012 by the learned Senior Small Causes Judge and MACT, Belur, dismissing the claim petition filed by the claimants seeking compensation.
MFA No. 1030 of 2015
and cautiously on the left side of Hassan Belur Road by driving his motor cycle bearing No.KA-46/E-3901 between 11.30 p.m. to 12.15 midnight in the curve near Dharmegowda's land some
distance from Ibbedu, one Maruthi Omni Car bearing Registration No.KA-01/N-6903 driven by its driver in a rash and negligent manner dashed against the motor bike of the deceased from behind, due to which, Sri B.I. Kumaraswamy was thrown from the motorbike and fell on the road divider and succumbed to the severe injuries sustained by him. It was contended by the claimants that the deceased was aged about 48 years, working as Village Accountant and earning salary of Rs.11,579/- p.m. Since he was sole earning member in the family, the entire family were dependent upon his salary. Due to unfortunate death of the deceased, the claimant No.1 being the wife of the deceased has lost her husband and claimant Nos.2 and 3 being the children have lost their father's love and affection at their childhood and are suffering from mental shock and agony. Therefore, they filed a claim petition claiming compensation which came to be dismissed by the Tribunal by the impugned judgment and award. Hence, the present miscellaneous first appeal is filed.
MFA No. 1030 of 2015
MFA No. 1030 of 2015
against the driver of the Maruti Omni Vehicle bearing registration No.KA-01 N-6903, which material aspect has not been considered by the Tribunal while dismissing the claim petition. He further contended that the Tribunal erred in relying much on the evidence of R.W.1 and the documents produced by the insurance company marked as Exs.D.1, 9, 10, 12, 13, 19 to 22 and thereby dismissed the claim petition which is erroneous. Therefore, he sought to allow the miscellaneous first appeal and remand the matter to the Tribunal with a direction to decide the claim petition afresh on merits.
MFA No. 1030 of 2015
reinvestigate the case, who after reinvestigation, filed the charge sheet holding that the vehicle was not involved as per Ex.P.7-charge sheet which has reached finality. Admittedly the same is not challenged and as such, sought to dismiss the miscellaneous first appeal.
“Whether the claimants have made out a case to interfere with the impugned judgment and award passed by the Tribunal dismissing the claim petition in the facts and circumstances of the present case?"
MFA No. 1030 of 2015
and negligent driving of driver of the Maruthi Omni Car bearing registration No.KA-01-N-6903. The jurisdictional police registered a case as per Exs.P.4 and 5 on the basis of Ex.P.6 the complaint and thereafter, filed charge sheet against the deceased as per Ex.P.7. Admittedly the said charge sheet filed by the police has not been challenged and has reached finality. Thereafter, a case in Crime No.6/2010 was registered on 12.1.2010 which abated as per Ex.P.8. Subsequently, on the basis of the statement made by the wife of the deceased, the jurisdictional Magistrate directed the police authorities to reinvestigate the matter and accordingly, after re-investigation, second charge sheet was filed as per Ex.R.7 holding that the offending vehicle was not involved in the accident as per the complaint lodged on 29.3.2011. The claimants have not challenged either Ex.P.7 or Ex.P.8 and as such, the same have reached finality.
MFA No. 1030 of 2015
pending in the present impugned judgment and award passed by the Tribunal. Thereby, the point raised in the present miscellaneous first appeal has to be answered in the negative holding that the claimants have not made out any case to interfere with the impugned judgment and award passed by the Tribunal dismissing the claim petition in the facts and circumstances of the present case.
Sd/JUDGE
Sd/JUDGE
Nsu/-
2 issues framed by the court
Whether the claimants have made out a case to interfere with the impugned judgment and award dismissing the claim petition?
Whether the dismissal of the claim petition should be set aside and remanded to the Tribunal?
Lalithamma
Ravikumar
Yashawanth Kumar
Syed Nishad
The National Insurance Co. Ltd.
B. Veerappa
K. S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
