Disposed

Shriram General Insurance Co.Ltd., v. Vinay Ganapati Achari

Karnataka HC1 Jul 2024MFA/101107/2014

Case brief

AI extract

What is this about?

Cross appeals by an insurer (quantum challenge) and a claimant (enhancement) over a motor accident award. Both sides consented to allowing applications for production of additional medical documents. The court allowed them, set aside the Tribunal's judgment and award, remanded the matter to the Tribunal with directions on deposit and expedition.

What the court decided

AI extract

Shriram General Insurance Co.Ltd., Vs Vinay Ganapati… — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC-D:8949 MFA No. 101107 of 2014 C/W MFA No. 102081 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF JULY, 2024

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BEFORE THE HON'BLE MR JUSTICE VENKATESH NAIK T

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MISCELLANEOUS FIRST APPEAL NO.101107/2014(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.102081/2024

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IN MFA NO.101107/2014 :

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BETWEEN:

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SHRIRAM GENERAL INSURANCE COMPANY LIMITED, 10003-E-8, RIICO, INDUSTRIAL AREA, SITAPURA-JAIPUR, RAJASTHAN-302022, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, LEGAL CELL, E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR-302022, RAJASTHAN STATE.

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…APPELLANT

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(BY SRI S. K.KAYAKAMATH, ADVOCATE)

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AND:

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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SHRI. VINAY GANAPATI ACHARI, AGED ABOUT: 30 YEARS, OCC: CARPENTER, R/O: KODASANI, TQ: ANKOLA, DIST: KARWAR.

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MR. CRISTY S/O. P. J. VERGHESE, AGED ABOUT 45 YEARS, OCC: OWNER OF LORRY BEARING NO. KA-20/4960, R/O. MASTIKATTE, TQ: HOSANAGAR, DIST: SHIMOGA.

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…RESPONDENTS

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(BY SRI. S. V. YAJI, ADV. FOR R1; NOTICE TO R2 SERVED)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS, HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 10.01.2014

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NC: 2024:KHC-D:8949 MFA No. 101107 of 2014 C/W MFA No. 102081 of 2024

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PASSED BY THE ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMTA, ITINERARY SITTING AT ANKOLA, IN MVC NO.30/2011, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.102081/2024

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BETWEEN:

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VINAY GANAPATI ACHARI, AGE: 40 YEARS, OCC: CARPENTER, (NOW NIL), R/O. KODASANI, TQ. ANKOLA, DIST: KARWAR-581357. (BY SRI. S. V. YAJI, ADVOCATE)

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…APPELLANT

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AND:

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CRISTY S/O. P. J. VERGHESE, AGE: 55 YEARS, OCC: BUSINESS, R/O. MASTI KATTE, TQ. HOSA NAGAR, DIST. SHIMOGA, PIN-577448.

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SRIRAM GENERAL INSURANCE CO. LTD, 10003-E-8, RICCO, INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTHAN-302022.

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…RESPONDENTS

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(BY SRI. S. K. KAYAKAMATH, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL MACT KUMTA ITINERARY SITTING AT ANKOLA IN MVC NO.30/2011 DATED 10/01/2014 BY ENHANCING THE COMPENSATION AS PRAYED IN THE APPEAL BY ALLOWING THIS APPEAL CONSIDERING THE FACT AND CIRCUMSTANCES OF THE CASE SUCH OTHER RELIEF AS THE COURT DEEMS FIT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2024:KHC-D:8949 MFA No. 101107 of 2014 C/W MFA No. 102081 of 2024

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JUDGMENT

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MFA.No.101107/2014 is filed by the Insurance Company questioning the quantum of compensation and MFA.No.102081/2024 is filed by the claimant for enhancement of compensation awarded by the Additional MACT, Kumta itinerary sitting at Ankola (“the Tribunal” for short) by judgment and award dated 10.01.2014 in MVC No.30/2011.

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For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

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After hearing the matters for some time, Sri S.V.Yaji, learned counsel for respondent No.1-claimant in MFA.No.101107/2024 has filed two applications under Order XLI Rule 27 of CPC, one of them in I.A.No.1/2017 for producing certain documents i.e., Medical bills, Cash Receipts and Discharge Summary issued in respect of claimant and another I.A.No.1/2024 for production of additional documents i.e., Medical Receipts, Discharge Summary, certificate and photographs of the claimant. Hence, learned counsel prayed to allow both the applications

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NC: 2024:KHC-D:8949 MFA No. 101107 of 2014 C/W MFA No. 102081 of 2024

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and to remand the matter for fresh consideration to the Tribunal.

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Sri S.K.Kayakamath, learned counsel for the Insurance Company concedes to allow the applications and to remand the matter to the Tribunal for fresh consideration.

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Heard learned counsel for the Insurance Company and learned counsel for the claimant on applications and perused the affidavits filed in support of the applications.

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If applications in I.A.No.1/2017 and I.A.No.1/2024 filed in MFA.No.101107/2014 for production of certain documents are not allowed and medical bills, receipts, discharge summary, prescriptions and photographs issued by the doctor are not accepted and marked in evidence, more injustice would be caused to the claimant. If the matter is remanded to the Tribunal for fresh consideration, no harm would be caused to Insurance Company.

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Having satisfied with the reasons assigned in the affidavits filed in support of the applications and in view of the submission of learned counsel for both the parties, I.A.No.1/2017 and I.A.No.1/2024 are allowed. The claimant

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NC: 2024:KHC-D:8949 MFA No. 101107 of 2014 C/W MFA No. 102081 of 2024

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is permitted to produce the documents as sought for under both the applications.

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Hence, the judgment and award dated 10.01.2014 passed in MVC.No.30/2011 is set aside and the matter is remanded to the Tribunal for fresh consideration.

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Both the parties are directed to appear before the Tribunal on 05.08.2024 without waiting for any notice from the Tribunal.

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The amount in deposit before this Court be transmitted to the Tribunal.

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The Tribunal is directed to keep the entire deposited amount in any nationalized Bank for a period of one year renewal by every year.

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Keeping the age of litigation, the Tribunal is directed to dispose of the matter as expeditiously as possible.

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All the contentions are left open.

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Sd/JUDGE

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EM/ct-an List No.: 1 Sl No.: 54

Shriram General Insurance Co.Ltd., v. Vinay Ganapati Achari

Case brief

What is this about?

What the court decided

Shriram General Insurance Co.Ltd., v. Vinay Ganapati Achari

Case brief

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What the court decided

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