Claimant appealed dismissal of his compensation petition after the Tribunal found his injuries arose from an assault, not a road accident, based on wound certificate and OPD records showing history of alleged assault. The High Court agreed that the earlier medical records contradicted the accident theory and dismissed the appeal.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MFA NO. 7178 OF 2018 (MV-I)
BETWEEN:
MR SYED ALEEM S/O SYED NAWAB OCC:SALESMAN AT GARMENT SHOP R/AT NO.19, 7TH CROSS SOMESHWARA NAGARA 1ST BLOCK, JAYANAGAR BANGALORE-560 011 …APPELLANT
(BY SRI. SURESH M LATUR, ADV.)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
(BY SRI.P.S.JAGADISH, ADV. FOR R2; VIDE ORDER DATED 8.8.2024, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/03/2018, PASSED IN MVC NO.1439/2016, ON THE FILE OF THE XXI
ACMM & XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-25), DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
was brought to the hospital with a history of alleged assault, the subsequent theory that there was a motor vehicle accident cannot be accepted. The Tribunal has correctly come to the conclusion that the very document produced by the claimant indicated that he was a victim of assault. It has also taken note of the fact that the Investigating Officer was not able to satisfy as to on what basis he has come to the conclusion that the injuries had occurred due to an accident and that he had also admitted regarding existence of wound certificate.
he was conscious. The appeal is, therefore,
dismissed.
Sd/(N S SANJAY GOWDA) JUDGE
HNM
List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the claimant's injuries resulted from a motor vehicle accident or from an assault, as recorded in contemporaneous medical records.
1 provisions across 1 enactments
Syed Aleem
Harry Karthik
The Manager, ICICI Lombard General Insurance Co. Ltd.
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
