Appeals by three claimants whose accident compensation petitions were dismissed on the strength of a charge sheet against one claimant. Court held negligence findings cannot rest on the charge sheet alone where the other rider gave no evidence; dismissal set aside and matters remanded for assessment of compensation.
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: 2024:KHC:45881 MFA No. 1248 of 2018 C/W MFA No. 1247 of 2018 MFA No. 1302 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 1248 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1247 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 1302 OF 2018 (MV-I)
IN MFA No. 1248/2018:
BETWEEN:
S/O CHENNANAGA REDDY AGED ABOUT 34 YEARS R/AT NO 162, 1ST MAIN, 6TH CROSS, BHADRAPPA LAYOUT, NAGASHETTYHALLI, BENGALURU – 560094.
…APPELLANT
(BY SRI. GIRISH B BALADARE., ADVOCATE)
Digitally signed by KIRAN KUMAR R
Location: HIGH COURT OF KARNATAKA
AND:
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01/08/2017, PASSED IN MVC NO.2408/2014, ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM., MEMBER, MACT, (SCCH-5), BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
IN MFA NO. 1247/2018:
BETWEEN:
...APPELLANT
(BY SRI. GIRISH B BALADARE., ADVOCATE)
AND:
...RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01/08/2017, PASSED IN MVC NO.2409/2014, ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE & XXXIII ACMM., MEMBER, MACT, (SCCH-5), BENGALURU, DISMISSING THE
CLAIM PETITION FOR COMPENSATION.
IN MFA NO. 1302/2018:
BETWEEN:
...APPELLANT
(BY SRI. GIRISH B BALADARE., ADVOCATE)
AND:
THE UNITED INDIA INS. CO. LTD., 5TH FLOOR, KRUSHI BHAVANA, NRUPATHUNGA ROAD, HUDSON CIRCLE BENGALURU 560 027.
...RESPONDENTS
(BY SRI. JANARDHAN REDDY., ADVOCATE FOR R-1; SRI. PRADEEP KUMAR R.H., ADVOCATE FOR R-2)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.08.2017 PASSED IN MVC NO.2410/2014 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER-MACT,(SCCH-5) BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
NC: 2024:KHC:45881 MFA No. 1248 of 2018 C/W MFA No. 1247 of 2018 MFA No. 1302 of 2018
the rider of the motorcycle i.e., one of the claimants, the evidence produced by the rider of the motorcycle i.e., the claimant would have to be rebutted by the evidence of the rider of the other motorcycle. In the absence of any such rebuttal evidence, the assertion of the claimants would have to be upheld.
NC: 2024:KHC:45881 MFA No. 1248 of 2018 C/W MFA No. 1247 of 2018 MFA No. 1302 of 2018
Tribunal.
Sd/(N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 52
1 issue framed by the court
Whether the Tribunal erred in dismissing the claim petitions solely on the basis of the charge sheet laid against the claimant-rider, without rebuttal evidence from the other motorcycle's rider.
1 provisions across 1 enactments
Prabhakar Reddy
Ramakrishana Reddy
Mahendra Reddy
The Manager, The United India Ins Co Ltd
Chenthan K N
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
