Nagaraj Naik Vs Dr. Manjunath N S

DR. MANJUNATH N S AGED ABOUT 43 YERAS, S/O SHIVAPPA DRIVER COME OWNER CAR BEARING NO. KA-17-P-4614, R/AT DOOR NO. 2196/143 BHAPUJI QUARTERS, A 13, VIDYANAGARA MAIN ROAD, DAVANAGERE PERMANENT ADDRESS

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HC-KAR

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KATHALAGERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT.

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THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MELAGIRI PLAZA, OPP: DENTAL COLLEGE, MCC 'B' BLOCK, DAVANAGERE, POLICY NO. 610300311710002690 POLICY VALID FROM 29.04.2017 TO 28.04.2018

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…RESPONDENTS

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(BY SRI. K. SRIDHARA, ADVOCATE FOR R2; VIDE ORDER DATED 10.07.2023, NOTICE TO R1 DISPENSED)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.07.2019 PASSED IN MVC NO.621/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, CHANNAGIRI, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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IN MFA NO. 234/2020

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BETWEEN:

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NAGARAJ NAIK AGED ABOUT 51 YEARS, S/O KALYA NAIK, OCC: LOUDER R/O KARIGANOOR VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT.

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...APPELLANT

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(BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE)

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HC-KAR

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AND:

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DR. MANJUNATH N S AGED ABOUT 43 YERAS, S/O SHIVAPPA DRIVER COME OWNER CAR BEARING NO. KA-17-P-4614, R/AT DOOR NO. 2196/143 BHAPUJI QUARTERS, A 13, VIDYANAGARA MAIN ROAD, DAVANAGERE PERMANENT ADDRESS KATHALAGERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT.

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THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MELAGIRI PLAZA, OPP: DENTAL COLLEGE, MCC 'B' BLOCK, DAVANAGERE, POLICY NO. 610300311710002690 POLICY VALID FROM 29.04.2017 TO 28.04.2018

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...RESPONDENTS

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(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE FOR R1; SRI. K. SRIDHARA, ADVOCATE FOR R2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 31.07.2019, PASSED IN MVC NO.620/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHANNAGIRI, DISMISSING THE CLAIM PETITION FOR COMPENSATION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS

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DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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Both these appeals arise out of common judgment and award dated 31^st July 2019, passed by the Senior Civil Judge, MACT, Channagiri, (for short `Tribunal'), in MVC Nos.620/2018 and 621/2018.

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For the sake of convenience, the parties are

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referred to as per their ranking before the Tribunal.

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The common petitioner in MVC Nos.620/2018

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and 621/2018 has filed petitions under Section 166 of M.V. Act, claiming compensation for injuries sustained by him in the accident as well as damage to his vehicle. It was his contentions that the accident occurred on 17.01.2018, at around 10.45 a.m., near Murudajja circle, due to rash and negligent driving of a car bearing registration No.KA-17-P4614.

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Respondent No.1 remained ex parte in both the

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cases before the Tribunal. (In the order sheet of Tribunals

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HC-KAR

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file, it was noted that respondent No.1 was placed ex parte , but written statement filed by him is available). Respondent No.2 in its written statement denied averments of the claim petitions and denied its liability to pay the compensation and prayed to dismiss the claim petition.

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From the rival contentions of the parties, the

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Tribunal framed necessary issues.

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The claimants to prove their case examined two witnesses as PW-1 and PW-2 and marked 10 documents, as per Exs.P-1 to P-10. Respondents have not examined any witness but marked one document as Ex.R-1. The Tribunal after hearing the arguments, dismissed both the claim petitions.

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I have heard the arguments of learned counsels for both sides.

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The Tribunal framed issue No.1, which reads as

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under:

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HC-KAR

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"i. Whether the petitioners proves that due to rash and negligent driving of the vehicle bearing No.KA-17-P-4614 resulting in the petitioner suffering injuries?"

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While considering the said issue, the Tribunal

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held that the accident occurred due to rash and negligent driving of a car by its driver and answered the said issue No.1 in the affirmative. But while answering issue No.2 in MVC No.621/2018, the Tribunal doubted about injuries sustained by the claimant in the vehicle accident and dismissed the claim petitions. Therefore, the findings of the Tribunal in this regard are not consistent. In paragraph No.9 of the impugned judgment, there is a reference regarding damage to the vehicle but in issue No.2 of MVC No.620/2018, it is noted that due to non-production of IMV report, the said claim petition was dismissed. The said finding is incorrect. In the Trial Court record IMV report is available at Ex.P.5. It appears that both Motor Vehicle Inspection Reports were together marked as Ex.P.5. The medical records shows that he sustained simple injuries

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HC-KAR

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but after the X-ray, it was revealed that he had sustained fractures. These particulars were not considered by the Tribunal while deciding the cases.

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In view of these reasons, the matter requires reconsideration by the Tribunal. There is no other way except to remand the cases to the Tribunal for reconsideration of the matters on their merits afresh. Accordingly, I proceed to pass the following:

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ORDER

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i) The Appeals are allowed .

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ii) The judgment and award dated 31^st July 2019, passed in MVC.Nos.620/2018 and 621/2018, by the S enior Civil Judge, MACT, Channagiri, is set aside.

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iii) The matters are remanded back to the Tribunal for reconsideration of the same afresh and to decide the matters in accordance with law.

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iv) Both the parties are directed to appear before the Tribunal on 12.12.2025 without

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