Remanded

Miss. Neethi Sridharan v. Future Generali India Insurance Company Limited

Karnataka HC19 Aug 2024MFA/4394/2018

Case brief

AI extract

What is this about?

Motor accident compensation appeal by an injured claimant whose petition was partly allowed. The court confirmed the negligence finding but set aside the quantum award and remanded the matter to the Tribunal for fresh consideration with liberty to adduce additional evidence on disability and future medical expenses.

What did the court decide?

Appeal allowed in part; quantum set aside and remitted to the Tribunal for fresh consideration with liberty to produce additional documents and evidence; negligence findings confirmed.

Miss. Neethi Sridharan Vs Future Generali India Insurance… — Insurance | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF AUGUST, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 4394 OF 2018 (MV)

¶6

BETWEEN:

¶7

MISS. NEETHI SRIDHARAN D/O G. SRIDHARAN AGED ABOUT 22 YEARS RESIDING AT NO. 16, 3RD CROSS SHIRDI SAI NAGAR, K. NARAYANAPURA BANGALORE-77.

¶8

…APPELLANT

¶9

(BY SMT. AMBIKA M, ADVCOATE FOR SRI. MOHAMMED SHERIFF.,ADVOCATE)

¶10

AND:

¶11

Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

¶12

FUTURE GENERALI INDIA INSURANCE COMPANY LIMITED 2ND FLOOR, PLOT NO. 18 17TH CROSS, MC LAYOUT NEAR MARUTHI MANDIRA TEMPLE VIJAYANAGAR, BANGALORE-560040.

¶13

MR. KUMAR H.V. S/O VENKATEGOWDA H. HINDALAHALLI MYSORE HOBLI, H.N. PURA HASSAN-573201.

¶14

…RESPONDENTS

¶15

(BY SRI.B.C. SHIVANNE GOWDA., ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 24.11.2023)

¶16

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.10.2017 PASSED IN MVC NO.1698/2015 ON THE FILE OF THE XXII

¶17

2 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶18

ADDITIONAL SMALL CAUSES JUDGE & XX ACMM & MEMBER MACT, BENGALURU [SCCH-24], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶19

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶20

CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

¶21

ORAL JUDGMENT

¶22

This appeal under Section 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) has been filed by the claimant being aggrieved by the judgment dated 31.10.2017 passed by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate & MACT, Bengaluru (SCCH-24) (hereinafter referred to as ‘the Tribunal’) in MVC No.1698/2015.

¶23

Facts giving rise to the filing of the appeal briefly stated are that on 25.03.2015 at about 5.00 p.m., when the claimant was proceeding on motorcycle bearing registration No.KA-53/S-8631 at Kaggadasanapura main road, Bengaluru, at that time, a car bearing registration No.KA-50/4051 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle

¶24

3 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶25

of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

¶26

The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that she spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the offending vehicle by its driver.

¶27

Upon service of notice, the respondent No.1 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.2, despite service of notice, did not appear before the Tribunal and was placed ex-parte.

¶28

On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimant, in order to prove the case, examined himself as PW-1, and Dr.Saumya Udupa was examined as PW-2, and got exhibited documents namely

¶29

4 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶30

Ex.P1 to Ex.P15(a). On behalf of the respondents, one witness was examined as RW-1 and got exhibited document namely Ex.R1. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the claimant sustained injuries. The Tribunal further held that the claimant is entitled to a compensation of Rs.9,63,500/along with interest at the rate of 8% p.a. and directed the Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the present appeal has been filed.

¶31

The learned counsel for the claimant raised the following contentions:

¶32

(i) Firstly, due to the accidental injury, the claimant suffered neurological disability. The doctor has assessed 68% disability. Due to disability she was unable to continue her studies. To that effect, she filed an application along with additional documents. But the

¶33

¶34

NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶35

Tribunal has not awarded compensation for 'loss of income due to disability’.

¶36

(ii) Secondly, even after disposal of the claim petition she has undergone further surgery. For that also she has filed an application along with additional documents for future medical expenses.

¶37

With the above submissions, learned counsel for the appellant sought to allow the appeal.

¶38

On the other hand, the learned counsel for the Insurance Company submits that since the claimant now filed applications along with additional documents, the matter requires to be remitted back to the Tribunal for giving an opportunity to the Insurance Company to consider the documents produced by the claimant.

¶39

Heard the learned counsel for the parties and

¶40

perused the judgment and award of the Tribunal and the original records.

¶41

6 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶42

It is not in dispute that the claimant has sustained injuries in the road traffic accident occurred on 25.03.2015 due to rash and negligent driving of the offending vehicle by its driver.

¶43

The finding of the Tribunal in respect of negligence and involvement of the vehicle is confirmed. In respect of the quantum of compensation is concerned, the doctor has deposed that the claimant has suffered 68% neurological disability. The claimant also produced additional documents by filing an application that due to the injuries suffered, she has not completed her course and she has suffered loss of academics and after the disposal of the claim petition, she has spent lot of money for additional medical expenses. The said applications have been allowed. Therefore, to give one more opportunity to the claimant, the matter requires to be remanded back to the Tribunal for fresh consideration.

¶44

In view of the above, the following order is passed:

¶45

7 - NC: 2024:KHC:33143 MFA No. 4394 of 2018

¶46

(i) The appeal is allowed in part.

¶47

(ii) The judgment of the claims Tribunal in respect of negligence and involvement of the vehicle is confirmed. In respect of quantum of compensation, the same is set aside.

¶48

(iii) The matter is remitted back to the Tribunal for fresh consideration, in accordance with law, with liberty to the parties to produce additional documents and adduce additional evidence.

¶49

(iv) Registry is directed to transmit the original records and also the documents produced along with the IAs. to the Tribunal, forthwith.

¶50

Sd/(H.T. NARENDRA PRASAD) JUDGE

¶51

¶52

List No.: 1 Sl No.: 55

Miss. Neethi Sridharan v. Future Generali India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Miss. Neethi Sridharan v. Future Generali India Insurance Company Limited

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

Ramanjinappa Vs Thippanna B

Smt. Meenakshi @ Meenamma Vs Haleshappa P K

Subramanya Vs Suresh Shamrao Chougule

Sri. Sunil Kumar Vs Abhisheka K. P.

Smt. Kethna T Vs Sri Santosh Kumar M

Mohammed Anwar Sab Vs Vishwanatha B