The High Court dismissed the insurance company's appeal against a compensation award of Rs. 89,960 awarded to the claimant. The court held that hospital records immediately post-accident proved the motorcycle's involvement, overriding the delay in lodging the police complaint.
The appeal was dismissed; the Tribunal's judgment and award were upheld.
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.
NC: 2023:KHC:22419 MFA No. 6910 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6910 OF 2012 (MV-I)
BETWEEN:
M/S. ICICI LOMBARD GENRAL INSURANCE COMPANY LIMITED, NO.89, 2ND FLOOR,S.V.R COMPLEX, HOSUR MAIN ROAD,MADIWALA, BANGALORE-560 068. REPRESENTED BY ITS MANAGER-LEGAL.
…APPELLANT
(BY SMT. LAKSHMI NARALAPPA.,ADVOCATE FOR SRI. A. M VENKATESH.,ADVOCATE)
AND:
Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. MADHU M.T, AMICUS CURIAE FOR R1, R2-NOTICE HELD SUFFICIENT,( V/O DATED 29.09.2005))
NC: 2023:KHC:22419 MFA No. 6910 of 2012
THIS MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.01.2012 PASSED IN MVC NO.6758/2010 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING A COMPENSATION OF Rs.89,960/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL PAYMENT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 15.03.2010 at about 8.30 a.m., the petitioner was going on her Scooty bearing Registration No.KA-05-HA-4905 on the left side of Sarjapura Road near Bellandur Gate. At that time, a motor cycle bearing registration No.KA-05-HF-7740 came in a high speed from her behind in a rash and negligent manner and dashed against the petitioner's vehicle and caused
NC: 2023:KHC:22419 MFA No. 6910 of 2012
the accident. Due to impact, the petitioner was thrown on the road and sustained severe injuries to her left hand and face. Immediately she was shifted to Sanjay Gandhi Hospital then
she was shifted to Cauvery Nursing Home. Hence, a claim petition was filed by the petitioner under Section-166 of the M.V. Act, claiming compensation for the injuries sustained in the accident.
NC: 2023:KHC:22419 MFA No. 6910 of 2012
involving the other motor cycle. Therefore, contended that the petitioner has falsely implicated the motor cycle in this case. But this aspect is not considered by the Tribunal. Hence, prays to allow the appeal and set-aside the order passed by the Tribunal.
NC: 2023:KHC:22419 MFA No. 6910 of 2012
29.03.2010. There is a delay of 14 days in lodging the complaint. Therefore, just because there is delay in lodging the first information statement before the police cannot be a ground to suspect the accident and claim petition. As per the principle of law by the Hon'ble Apex Court in the case of RAVI
VS. BADRINARAYAN & OTHERS reported in 2011 AIR
SCW 1530 , the delay can be considered according to facts and circumstances in each case. Therefore, when there is delay in lodging first information statement before the police then Court has to look into or peruse the other evidence whether, the claimant had sustained injury from the accident and the manner of accident. Ex.P9 is the accident case extract of Sanjay Gandhi Hospital, Bengaluru.
injuries and the number of the vehicle is also mentioned. Therefore, on undisputed point of time, soon after the accident when the claimant was admitted to the hospital and statement was given that while the claimant was riding the scooty she was hit by another motor cycle from behind. Therefore, this evidence proves the accident and the involvement of the motorcycle and how the claimant has sustained injuries in the said accident. There may be delay in lodging the complaint before the police. Therefore, apart from lodging complaint before police, if there are any other evidence available that can be looked into in order to appreciate manner of the accident and involvement of the vehicle. Therefore, Ex.P9 proves the accident. The registration book of the Sanjay Gandhi Hospital proves that the claimant has sustained injuries as she was hit by another motor cycle from behind and the number of the motorcycle is also mentioned. Therefore, this alone is sufficient to prove the manner of accident and the involvement of the vehicle in the accident.
NC: 2023:KHC:22419 MFA No. 6910 of 2012
9. Learned counsel for the appellant - Insurance
company is relying on Ex.R2 - MLC Extract of St. John's Medical College Hospital, wherein it is stated that the claimant has skid and fell down and sustained injuries to left forearm, left knee, left side of chin. But this MLC Extract is subsequent to the Sanjay Gandhi Hospital, Bengaluru, which is soon after the accident the information is given by the hospital at undisputed point of time that prevails on record of accident.
NC: 2023:KHC:22419 MFA No. 6910 of 2012
The Secretary, High Court Legal Services Committee is directed to pay professional fees to learned Amicus Curiae.
Sd/JUDGE
AG
List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the High Court should allow the insurance company's appeal against the compensation award given a 14-day delay in lodging the police complaint.
Colour shows how this judgement treated each authority
Ravi vs. Badrinarayan & OthersReferred¶37
Ravi vs. Badrinarayan & Others reported in 2011 AIR SCW 1530 · Who else cites this
1 provisions across 1 enactments
M/s. ICICI Lombard Genral Insurance Company Limited
Deepa D
Venkatesh K
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
