The High Court dismissed an appeal filed by a motor accident victim challenging the MT's dismissal of his compensation claim. The Court upheld the Tribunal's finding that the delay in filing the complaint was groundless.
Adjudication of the appeal was dismissed and the Tribunal's order was confirmed.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.1169/2013 (MV-I)
BETWEEN:
SRI BEVINA GUDDAIAH, S/O SRI RANGAPPA, AGED ABOUT 58 YEARS, R/O NO.188, 6TH CROSS, I MAIN, SARASWATHIPURAM, BANGALORE-560096. ...APPELLANT
(BY SRI M. ANIL KUMAR, ADVOCATE)
AND:
(BY SRI JANARDHAN REDDY, ADVOCATE FOR R1, NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 06.01.2016)
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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.9.2012 PASSED IN MVC NO.2199/2011 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BANGALORE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS M.F.A. COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Heard the learned counsel for the appellant and the learned counsel for respondent No.1.
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accident itself and there was a delay of three days in filing the complaint. The Tribunal also observed that when the petitioner himself visited the hospital in the autorickshaw, there was no impediment for him to file the complaint against the driver of the offending vehicle.
are not produced before the Court in order to come to other conclusion, I do not find any material to reverse the finding of the Tribunal. Hence, the order passed by the Tribunal is confirmed.
ORDER
The appeal is dismissed.
Sd/JUDGE
MD
2 issues framed by the court
Whether the absence of immediate medical records supports reversing the Tribunal's finding of delay.
Whether the Moto Accident Claims Tribunal's dismissal of the claim petition due to delay should be reversed.
Sri Bevina Guddiah
The Divisional Manager, The United India Insurance Co. Ltd.
Sri K.S. Kumar
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
