Remanded

Smt Rathna v. the Manager

Karnataka HC13 Dec 2023MFA/5925/2018

Case brief

AI extract

What is this about?

High Court set aside an award granting compensation for death due to lack of medical evidence linking injuries to death. The matter is remanded to the Tribunal to allow the claimant to adduce evidence on this nexus.

What did the court decide?

Matter remanded to the Court below to give both parties an opportunity to adduce and cross-examine evidence regarding whether injuries led to the death of the deceased.

Smt Rathna Vs the Manager — Motor Accident Claims | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 13^TH DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5925 OF 2018 (MV-D)

¶6

C/W

¶7

MISCELLANEOUS FIRST APPEAL NO. 464 OF 2019(MV-D)

¶8

IN MFA NO.5925/2018

¶9

BETWEEN:

¶10

SMT.RATHNA, W/O LATE CHELUVARAJU N., AGED ABOUT 37 YEARS.

¶11

POORVI C.R., D/O LATE CHELUVARAJU N @ CHELUVARAJU, AGED ABOUT 13 YEARS.

¶12

Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

¶13

SAHITHYA C.R., D/O LATE CHELUVARAJU N @ CHELUVARAJU, AGED ABOUT 11 YEARS.

¶14

NARAYANAPPA, S/O LATE CHANNAPPA, AGED ABOUT 67 YEARS.

¶15

ALL ARE RESIDING AT NO.28, HEJJALA VILLAGE AND POST, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT.

¶16

…APPELLANTS

¶17

(BY SRI. SHRIPAD V SHASTRI, ADVOCATE )

¶18

AND:

¶19

2 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶20

THE MANAGER, UNITED INDIA INSURANCE CO., LTD., 5^TH & 6^TH FLOOR, KRUSHI BHAVAN BUILDING, HUDSON CIRCLE, BANGALORE - 1.

¶21

(INSURER OF OFFENDED VEHICLE MOTOR BIKE BEARING NO.KA-05-JT-0341)

¶22

MR. S.DURAI, S/O SHANMUGAM, NO.20/2, 12TH MAIN, CHANDRANAGAR, KUMARASWAMY LAYOUT, BSK 2ND STAGE, BANGALORE - 78.

¶23

(R.C OWNER OF OFFENDED VEHICLE MOTOR BIKE BEARING NO KA-05-JT-0341)

¶24

…RESPONDENTS

¶25

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 21.02.2022 NOTICE TO R2 IS DISPENSED WITH)

¶26

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2017 PASSED IN MVC NO.7599/2016 ON THE FILE OF THE PRINCIPAL MACT, MEMBER, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶27

IN MFA NO.464/2019

¶28

BETWEEN:

¶29

MANAGER, UNITED INDIA INSURANCE CO., LTD., 5^TH & 6^TH FLOOR, KRUSHI BHAVAN BUILDING, HUDSON CIRCLE,

¶30

¶31

NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶32

BANGALORE - 560 001. REPRESENTED BY ITS MANAGER.

¶33

…APPELLANT

¶34

(BY SRI.RAVISH BENNI, ADVOCATE)

¶35

AND:

¶36

RATHNA, W/O LATE CHELUVARAJU N., AGED ABOUT 38 YEARS.

¶37

POORVI C.R., D/O LATE CHELUVARAJU N @ CHELUVARAJU, AGED ABOUT 14 YEARS.

¶38

SAHITHYA C.R., D/O LATE CHELUVARAJU. N @ CHELUVARAJU, AGED ABOUT 12 YEARS.

¶39

NARAYANAPPA, S/O LATE CHENNAPPA, AGED ABOUT 68 YEARS.

¶40

ALL ARE RESIDING AT NO.28, HEJJALA VILLAGE AND POST, BIDADI HOBLI, RAMANAGARA TALUK & DISTRICT - 562 109. RESPONDENT NO.2 AND 3 ARE MINORS, REPRESENTED BY NATURAL GUARDIAN 1ST RESPONDENT/MOTHER.

¶41

MR.S.DURAI, S/O SHANMUGAM, NO.20/2, 12TH MAIN, CHANDRA NAGARA, KUMARASWAMY LAYOUT, B.S.K 2ND STAGE, BANGALORE - 560 078.

¶42

…RESPONDENTS

¶43

4 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶44

(BY SRI. SHRIPAD V SHASTRI, ADVOCATE FOR R1 TO R3; R2 AND R3 MINORS REPRESENTED BY R1; R4 AND R5 ARE SERVED AND UNREPRESENTED)

¶45

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2017 PASSED IN MVC NO.7599/2016 ON THE FILE OF THE PRINCIPAL MACT, BENGALURU, (SCCH-1), AWARDING COMPENSATION OF RS.15,90,190/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

¶46

THESE APPEALS, COMING ON FOR JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶47

JUDGMENT

¶48

Aggrieved by the award passed in MVC

¶49

No.7599/2016 dated 14.11.2017, the Insurance Company is before this Court.

¶50

The claim petition was filed seeking compensation of an amount of Rs.16,00,000/- for the death of the deceased in the accident. Initially, the deceased/injured himself filed the petition for the injuries sustained by him. The accident had taken place on 23.10.2016 he was inpatient from 23.10.2016 to 26.11.2016 and he died on 20.12.2016. Thereafter Legal representatives came on record, and they sought compensation for the death of the

¶51

deceased. The Court below has observed that in this case,

¶52

5 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶53

the doctor is not examined and there is no nexus between the injuries and the death and there is no medical evidence regarding the cause of death. The Court has observed that on account of the accident wound, the deceased had only sustained injury and granted compensation of an amount of Rs.15,90,190/-.

¶54

The learned counsel appearing for the Insurance Company submits that initially the deceased, who sustained injuries, had filed the petition for compensation. Thereafter, he died and now compensation is sought for the death of the deceased. The learned counsel submits that in the evidence the wife of the deceased categorically admitted that she has not produced any document to show that her husband passed away on account of accidental injuries. In such a scenario , the Court ought not to have granted compensation for the death of the deceased. The learned counsel submits that they are only entitled for the compensation to the injuries sustained by the deceased. The Court went wrong in observing that without there

¶55

¶56

NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶57

being any evidence, the Court can still consider and assume that it is on account of the injuries sustained by the claimant in the accident.

¶58

On the other hand, learned counsel appearing for the claimant submits that the Court below had rightly considered the evidence and granted the compensation. Though there is no post mortem report, no doctor is examined Court has assumed that because of the injuries sustained by him, he died. It is submitted that no grounds are made out seeking interference with the well considered order passed by the Court below.

¶59

Having heard the learned counsels on either side, perused the entire material on record.

¶60

In this case, initially the claim petition was filed for the injuries sustained by the claimant. Later, he died and Legal representatives were brought on record and the claim petition was amended seeking compensation for the death. In such a case, the burden lies on the claimant to show by examining the doctor and by adducing other

¶61

7 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶62

evidence that the injuries sustained in the accident led to the death of the deceased. Unfortunately, in this case, no such evidence is placed on record. Still the Court comes to the conclusion that without any evidence, that he succumbed to the injuries sustained in the accident.

¶63

The said finding of the Tribunal is not correct. The burden lies on the claimant to prove the same, and unless and until such burden is discharged they are only entitled to compensation for injuries, but not for the death of the deceased. Balancing the interests of both the parties, this Court deems it appropriate to remand the matter to the Court below by giving an opportunity to the claimant to adduce the medical evidence that the injuries led to the death of the deceased and by giving an opportunity to the Insurance Company to cross examine and to lead further evidence. If any based on the evidence, the Court comes to the conclusion that there is no nexus between the injuries and the death, the Court below shall still consider the case of the claimants as far as the injuries sustained

¶64

8 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶65

by the deceased are concerned and shall grant the compensation.

¶66

Accordingly, the appeal of the claimant is allowed , judgment and award dated 14.11.2017 in MVC.No.7599/2016 is set aside and the matter is remanded back to the Court below for consideration on the aspect whether the deceased died because of the injuries sustained by him in the accident, if it is held against claimants then the Court shall determine the compensation for injuries.

¶67

i. Without further notice, the parties shall appear before the Court below on 18.01.2024.

¶68

ii. Within four months from 18.01.2024, the Court below shall decide the same by giving due opportunity to both the parties.

¶69

iii. The Registry shall send the lower Court record along with a copy of this order forthwith.

¶70

9 - NC: 2023:KHC:46088 MFA No. 5925 of 2018 C/W MFA No. 464 of 2019

¶71

iv. The amount that is deposited by the Insurance Company shall be kept in a fixed

¶72

deposit in Nationalized Bank.

¶73

SD/JUDGE

¶74

RMS List No.: 1 Sl No.: 18

Smt Rathna v. the Manager

Case brief

What is this about?

What did the court decide?

Smt Rathna v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Thahira Banu Vs Mr. Prabhakara Acharya

Kamala Vs S. v. Yogish

M/S United India Vs Shekara

Varalakshmi Vs Sameer

M Somashekar Vs S Nasir

Prasanna Vs the Manager