Partly allowed

Iravva v. Abdul Rehman

Karnataka HC4 Sept 2024MFA/100865/2014

Case brief

AI extract

What is this about?

Motor accident claim appeal where claimant's petition was dismissed by the Tribunal for want of nexus between injury and death. The High Court found no medical evidence linking femur fracture to death four months later, but awarded global compensation of Rs.60,000 with 6% interest for injury, hospitalisation and attendance charges.

What did the court decide?

Global compensation of Rs.60,000 with 6% interest awarded against respondent No.2 insurer; Tribunal judgment set aside; amount to be shared equally by claimants.

Iravva Vs Abdul Rehman — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 100865 OF 2014

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BETWEEN:

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IRAVVA W/O. GURULINGAYYA HUBBLIMATH, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: KONDAWADA ONI, KALAGHATGI, DIST: DHARWAD.

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…APPELLANT

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(BY SRI. NAVEEN CHATRAD, ADVOCATE)

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AND:

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ABDUL REHMAN MOHAMMED ANIF JHOPADI, AGE: MAJOR, OCC: OWNER OF HERO HONDA SPLENDOR BEARING, REGISTRATION NO.KA-25/V-5326, R/O: HOUSE NO.28, MUTTON MARKET, GOUSHEER TOWN, ISLAMPUR, OLD HUBLI, HUBLI.

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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NATIONAL INSURANCE CO.LTD., SUJATA TALKIES,P.B. ROAD, HUBLI, R/BY ITS BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., A.P.M.C. YARD, MRUTYUNJAYA NAGAR, DHARWAD. (POLICY no.602500/31/05/6200001249 Valid from 01.08.2005 to 10.08.2006) INSURER OF HERO HONDA SPLENDOR BEARING REGISTRATION NO.KA-25/V-5326.

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SUMANGALA

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W/O. MALLAYYA KURTHAKOTI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: KONDAWADA ONI, KALAGHATGI, DIST: DHARWAD.

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2 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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VEERBHADRAYYA S/O. GURULINGAYYA HUBBLLIMATH, AGE: 43 YEARS, OCC: LABOURER, R/O: KONDAWADA ONI, KALAGHATGI, DIST: DHARWAD.

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NINGAMMA D/O. GURULINGAYYA HUBBLIMATH, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: KONDAWADA ONI, KALAGHATGI, DIST: DHARWAD.

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SHIVAYYA S/O GULULINGAYYA HUBBLIMATH AGE: 33 YEARS, OCC: COOLIE, R/O: KONDAWADA ONI, KALAGHATGI, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI.VIJAY S. CHINIWAR, ADVOCATE FOR R1; SRI. R.R. MANE, ADVOCATE FOR R2; SRI. S.G. NAGATHAN, ADVOCATE FOR R3 TO R6)

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THIS MFA FILED U/SEC.173(1) OF MV ACT 1988, PRAYS TO ALLOW THIS MISC. FIRST APPEAL AND SET ASIDE THE JUDGMENT AND DATED 27.09.2013 PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE & AMACT, DHARWAD SITTING AT KALAGHATGI, IN MVC NO.595/2006, BY AWARDING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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ORAL JUDGMENT

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This appeal is filed by the claimant praying to set aside the judgment dated 27.09.2013 passed in MVC No.595/2006 by the II Additional Senior Civil Judge and MACT, Dharwad, sitting at Kalaghatgi.

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The facts of the petitioners case are that;

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On 04.04.2006 at about 7.00 p.m. the deceased was

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going to market from his house from the proper side of the road, when the deceased was walking near bus stand of Kalghatgi, on Hubli-Karwar road, one Hero Honda splendor bearing Reg.No.KA-25/V-5326 driven by its driver came from Bammigatti cross towards Naka in a great speed in a rash and negligent manner without following the traffic rules and regulations so as to endanger human life, dashed against the deceased. The said accident has been taken place only due to the rash and negligent act of rider of the Hero Honda bearing Reg. No.KA-25/V-5326. Further as a result of the said accident, the deceased fell down on the road and has sustained grievous fatal injuries to his

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4 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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right leg, to the head and injuries all over the body for

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which he took prolonged treatment, but could not recovered at all. The deceased breathed his last on 28.08.2006.

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It is further contended that, soon after the accident the deceased was shifted to KIMS hospital, Hubli on 04.04.2006 and was admitted for his treatment as inpatient upto 03.05.2006 and the deceased was surgically operated in the said hospital and after discharge from the KIMS Hospital he took continued follow up treatment as outdoor patient in KIMS Hospital due to the fatal injuries sustained, by him in the accident. But, the deceased was not at all recovered from the fatal injuries sustained in the accident and succumbed to death on 28.08.2006 at his residence in Kalghatgi taluk while he was under treatment and right from the date of the accident on 04.04.2006 till he breathed his last on 28.08.2006 he was continuously under treatment and care and custody of the medical attendance.

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5 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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The petitioners made a claim for compensation. The Tribunal after recording evidence and appreciating the evidence on record has dismissed the claim petition by the impugned judgment which is challenged in this appeal.

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Heard the learned counsel for the appellant and learned counsel for the respondent No.2. The learned counsel for appellants would contend that the accident has occurred on 04.04.2006 and the injured was admitted for a period of one month in the hospital and he has sustained fracture of femur bone and he died on 28.08.2006. He submits that the death has occurred due to the injuries sustained by the deceased. He further submits that the claimants have spent more than Rs.5,000/- towards the medical expenses and Rs.30,000/- towards the attendance charges and he also claims compensation under the head of loss of estate with this, he prays to allow the appeal.

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Learned counsel for respondent No.2 would contend that there is no nexus between the injury and the death of the deceased. He submits that the injury

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6 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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sustained by the deceased in the incident is fracture of femur bone. Therefore, the said injury cannot cause the death of the injured. He submits that the Doctor has not been examined and the postmortem has not been conducted to ascertain the cause of death. He contends that the deceased was aged person and he died a natural death, with this he prays to dismiss the appeal.

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Having hard the learned counsel, the Court has

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perused the impugned judgment and materials placed on record.

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It is not in dispute that the accident took place on 04.04.2006 due to the rash and negligent riding of the motorcycle bearing No.KA-25-V-5326 and in the said accident, the deceased sustained injuries. The injured has sustained fracture of femur bone. The injured was admitted as an in-patient for a period of one month. The medical bills which are at Ex.P.11 indicate that a sum of more than Rs.5,000/- have been spent towards the medical expenses.

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7 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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The date of accident is 04.04.2006 and the date

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of death is 28.08.2006. The injured died after four months of the accident. To show the nexus between the injury and death, no medical evidence is brought on record. The postmortem examination has not been conducted on the dead body of the deceased. Considering the said aspect, the learned Tribunal has rightly held that there is no nexus between the injuries sustained by the injured in the incident and the cause of his death.

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It is not in dispute that the injured sustained fracture of femur bone and he was admitted in the hospital for a period of one month and spent more than Rs.5,000/towards the medical expenses. As the injured was admitted for one month in the hospital, he has spent more than Rs.30,000/towards the attendance charges. Considering all these aspects, the claimants/ appellants are entitle for global compensation of Rs.60,000/- with interest at the rate of 6% per annum from the date of accident till its realization.

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8 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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In the result, the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The judgment dated 27.09.2013 passed in MVC No.595/2006 by the II Additional Senior Civil Judge and MACT, Dharwad, is set aside. The claim petition filed by the appellants is allowed in part. The claimants/ appellants are entitled to global compensation of Rs.60,000/- with interest at the rate of 6% per annum from the date of the petition till its realization.

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iii) The respondent No.2 Insurance Company is directed to pay the entire compensation amount with interest within a period of six weeks from the date of receipt of certified copy of this judgment.

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9 - NC: 2024:KHC-D:12739 MFA No. 100865 of 2014

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iv) The claimants/ appellants are entitled to

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release of the entire compensation

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amount.

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v) All the claimants/ appellants are entitled to equal share in the entire compensation

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amount.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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CT:ANB List No.: 1 Sl No.: 33

Iravva v. Abdul Rehman

Case brief

What is this about?

What did the court decide?

Iravva v. Abdul Rehman

Case brief

What is this about?

What did the court decide?

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