Remanded

Smt Rathnamma v. Sri Chaluvaraj

Karnataka HC8 Apr 2024MFA/6047/2019

Case brief

AI extract

What is this about?

Parents of a driver killed in a motor vehicle accident appealed the Tribunal's dismissal of their compensation claim for want of driving licence and proof of employment. The High Court allowed production of additional evidence, set aside the award, and remitted the matter for fresh consideration.

What did the court decide?

Impugned judgment and award set aside; matter remitted to Tribunal for fresh consideration with liberty to produce additional evidence.

Smt Rathnamma Vs Sri Chaluvaraj — Insurance | Karnataka HC (2024)

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NC: 2024:KHC:14398-DB MFA No. 6047 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2024

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO.6047 OF 2019 (ECA)

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BETWEEN:

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SMT. RATHNAMMA W/O PUTTEGOWDA, AGED ABOUT 49 YEARS

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SRI. PUTTEGOWDA S/O LATE KARIGOWDA, AGED ABOUT 61 YEARS

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/AT NO.196, C/O SHIVALINGEGOWDA, BUILDING NO.22, HOUSE NO.46, MARUTHI APARTMENT, K.H.B. COLONY, KENGERI STLET TOWN, BENGALURU-560 056.

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(BY SRI. UDAYA KUMAR R.L., ADVOCATE)

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…APPELLANTS

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AND:

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SRI. CHALUVARAJ S/O RAMASWAMYREDDY, AGED: MAJOR, C/O NANDAKUMAR, NO.33, GURUMANGALA, HUSKRI POST, ANEKAL, BENGALURU-560 099.

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2 - NC: 2024:KHC:14398-DB MFA No. 6047 of 2019

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BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD GROUND FLOOR, NO.31, 1^ST CROSS, NEW MISSION ROAD, NEXT TO JAIN COLLEGE, BENGALURU STOCK EXCHANGE, BENGALURU-560 002 (REPRESENTED BY ITS MANAGER)

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MR.CHETHAN S. S/O SHIVAKUMAR B.S. AGED: MAJOR, R/AT NO.132, KONANAKUNTE BENGALURU-560 062.

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…RESPONDENTS

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(BY SRI. SANMATHI E.I., ADVOCATE FOR R2; VIDE ORDER DATED 19.01.2024 NOTICE TO R1 IS DISPENSED WITH;

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VIDE ORDER DATED 04.03.2024 SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WORK MENS COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 15.03.2019 PASSED IN ECA NO.276/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed challenging the Judgment and Award dated 15.03.2019 in ECA No.276/2014 on the file of IX Addl.

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3 - NC: 2024:KHC:14398-DB MFA No. 6047 of 2019

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Small Causes and Addl. MACT, Bengaluru (hereinafter referred to as 'the Tribunal').

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The claim petition is filed on the premise that the motorvehicle accident took place on 03.01.2011 at about 10.45 a.m. at Bhavani to Salem road junction. It is the case of the appellants that Shivakumar was the driver of the Toyota Qualis car bearing registration No. KA-02/P-1984. It is further stated that the accident took place as the vehicle hit the median. Shivakumar sustained injuries in the accident. He was taken to the hospital and he was declared dead.

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The claim petition is filed by the parents of late Shivakumar. It is stated that Shivakumar was a bachelor. The respondent No.2 - Insurance Company has filed objections to the claim petition. The insurer took the stand that though there was a policy in favour of the owner of the vehicle, the terms and conditions of the insurance policy were violated and the driver did not possess valid driving licence to drive the vehicle in question.

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The Tribunal on consideration of the material on record dismissed the petition on the premise that the petitioners did

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4 - NC: 2024:KHC:14398-DB MFA No. 6047 of 2019

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not produce driving licence of the driver who was driving the vehicle at the time of accident. It is also the finding of the Tribunal that relationship of employer and employee is not established.

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Aggrieved by the said Judgment and award dismissing the claim petition, the present appeal is filed.

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The appellants have also filed an application under Order XLI Rule 27(b) of Civil Procedure Code, seeking permission of this Court to produce additional document as evidence. Along with the application, the applicants have produced a notarized copy of the driving licence of late Shivakumar who was driving the vehicle. The respondent - insurance company has not filed its statement of objections to the said application.

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After going through the records, this Court is of the view that the appellants should be given an opportunity to establish their case that the driver was possessing the driving licence at the time of accident as the driving licence is a material document in a case of this nature. It is also noticed that the owner of the vehicle remained exparte before the Tribunal and he has also remained absent before this Court. Learned counsel

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5 - NC: 2024:KHC:14398-DB MFA No. 6047 of 2019

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for the appellants has also submitted that appellants would like to lead evidence to establish the relationship of employer and employee.

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Since the appellants are seeking permission to lead evidence by producing the driving licence which according to this Court are material for proper adjudication of the case, the appellants should also be permitted to lead evidence relating to the relationship of employer and employee. Accordingly, impugned Judgment and Award are set aside.

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Hence, the following:

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ORDER

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(i) The impugned judgment and award dated 15.03.2019 in ECA No.276/2014 on the file of IX Addl. Small Causes and Addl. MACT, Bengaluru, are hereby set aside.

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(ii) The matter is remitted to the IX Addl. Small Causes and Addl. MACT, Bengaluru for fresh consideration.

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(iii) The IX Addl. Small Causes and Addl. MACT, Bengaluru shall permit the parties to the proceedings to produce additional evidence/document subject to all just

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exceptions and after considering the material on record, the IX Addl. Small Causes and Addl. MACT, Bengaluru shall pass appropriate orders.

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(iv) It is made clear that this Court has not expressed any opinion on the merits of the case. All contentions kept open

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(v) The parties shall appear before the IX Addl. Small Causes and Addl. MACT, Bengaluru on 31.05.2024 . The Trial Court shall also issue fresh notice to respondent No.3 in ECA No.276/2014, and dispose of the matter afresh in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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sac List No.: 1 Sl No.: 37

Smt Rathnamma v. Sri Chaluvaraj

Case brief

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Smt Rathnamma v. Sri Chaluvaraj

Case brief

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