Allowed

Smt. Savithramma v. Smt.Lakshmamma

Karnataka HC16 Dec 2022MFA/2656/2014

Case brief

AI extract

What is this about?

High Court allowed an appeal against a Motor Accidents Claim award. Due to production of additional genuine medical bills subsequent to the tribunal judgment, the Court set aside the award and remanded the matter to the tribunal for fresh consideration.

What did the court decide?

Impugned judgment and award set aside; matter remanded to Tribunal; application under Order 41 Rule 27 CPC allowed.

Smt. Savithramma Vs Smt.Lakshmamma — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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M.F.A.NO.2656/2014 (MV-D)

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BETWEEN:

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SMT. SAVITHRAMMA, AGED ABOUT 38 YEARS, W/O LATE MUNIRAJU.

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MASTER MANJU, AGED ABOUT 14 YEARS, S/O LATE MUNIRAJU. SINCE MINOR REP. BY HIS MOTHER APPELLANT NO.1 AS GUARDIAN

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BOTH ARE R/A BALLUR, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562106.

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… APPELLANTS

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(BY SMT. KALPANA P.V., ADVOCATE)

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AND:

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SMT. LAKSHMAMMA W/O LATE MUNIRAJU, AGED ABOUT 42 YEARS,

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KARTHIK, S/O LATE MUNIRAJU, AGED ABOUT 23 YEARS.

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BOTH ARE R/A BALLAUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562106.

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ROOPA, D/O LATE MUNIRAJU, AGED ABOUT 21 YEARS.

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(R3 IS EXPIRED AMENDED VIDE COURT ORDER DATED 22.11.2017)

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KAMADENU BRICKS INDUSTRIES, REPT.BY ITS PROPRIETOR, B.K. CHANDRAREDDY, BALLAUR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562 106.

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THE MANAGER, THE NEW INDIA ASSURANCE CO.LTD., HOSUR ROAD, BOMMASANDRA, BENGALURU-99.

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... RESPONDENTS

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(BY SRI M.P. SRIKANTH, ADVOCATE FOR R5, R1 AND R2 SERVED, VIDE ORDER DATED 22.11.2017 NOTICE TO R4 IS DISPENSED WITH, R1 AND R2 ARE TREATED AS LRS OF DECEASED R3)

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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.6.2009 PASSED IN MVC NO.4965/2008 ON THE FILE OF THE VI ADDL. JUDGE, COURT OF SMALL CAUSES & MACT, BANGALORE PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEKKING ENHANCEMENT OF COMPENSATION.

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THIS M.F.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Heard the learned counsel for the appellants and the learned counsel for respondent No.5.

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This appeal is filed challenging the judgment and award dated 23.06.2009, passed in M.V.C.No.4965/2008, on the file of the VI Additional Judge, Court of Small Causes and MACT, Bengaluru (‘the Tribunal’ for short) questioning the quantum of compensation.

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The learned counsel for the appellants has filed an application under Order 41 Rule 27 of CPC along with the additional documents of medical bills amounting to Rs.1,50,000/- and copy is also furnished to the learned counsel for the Insurance Company.

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The learned counsel for the Insurance Company disputes the documents stating that it does not bear the TIN number and emblem of the hospital.

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Having heard the respective learned counsel, when

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the additional documents are produced with regard to the treatment provided to the deceased, which was not produced

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before the Tribunal and when the amount has been spent for treatment of the injured, the same has to be considered. It is the contention of the learned counsel for the appellants that the deceased was having two wives and the medical expenses, which have been spent were in the custody of the second wife and the appeal is filed by the first wife. The second wife also had filed the claim petition and the same was dismissed on the ground that there cannot be two claims and before filing of these documents, the matter was already decided and hence, Misc. Petition No.230/2010 was filed and the same was also dismissed on 20.04.2013 on the ground of delay. Hence, the additional documents are produced before this Court.

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For the reasons mentioned in the affidavit filed in

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support of the application, it is appropriate to consider the additional documents and the same pertains to providing treatment to the injured, who met with an accident and hence the matter requires to be remanded to the Tribunal to consider the genuineness of the bills, which have been produced before the Court and hence the impugned judgment and award requires

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to be set aside and the matter has to be considered afresh by the Tribunal.

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In view of the discussions made above, I pass the

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following:

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ORDER

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(i) The appeal is allowed and the impugned judgment and award of the Tribunal dated 23.06.2009, passed in M.V.C.No.4965/2008, is set aside and consequently, the application filed under Order 41 Rule 27 of CPC is allowed.

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(ii) The parties are directed to appear before the Tribunal on 23.01.2023, without expecting any separate notice from the Tribunal.

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(iii) The Tribunal is directed to dispose of the matter within six months from 23.01.2023.

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(iv) The respective learned counsel for the parties are directed to assist the Tribunal in disposal of the case within the stipulated time.

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(v) The learned counsel for the appellant is directed to produce the original documents of additional evidence before the Tribunal on the next date of hearing, without fail.

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(vi) The Registry is directed to transmit the records to the concerned Tribunal, forthwith to enable the Tribunal to take up the matter on 23.01.2023.

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Sd/JUDGE

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Smt. Savithramma v. Smt.Lakshmamma

Case brief

What is this about?

What did the court decide?

Smt. Savithramma v. Smt.Lakshmamma

Case brief

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What did the court decide?

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