Miss. Sowmya S.V. Vs Royal Sundram Alliance Insurance Company Limited

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.6.2013 PASSED IN MVC NO.130/2011 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

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The present appeal is filed under section 173(1) of the Motor Vehicles Act, 1988 (‘the MV Act’ for short), praying to modify the judgment and award dated 10.06.2013 passed in MVC No.130/2011 on the file of the XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore (‘the tribunal’ for short) and allow this appeal and enhance the compensation awarded by the tribunal.

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The appellant is the claimant and respondent No.1 is the Insurance Company and respondent No.2 is the owner of the offending vehicle before the Tribunal.

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Brief facts of the case are as under:-

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3 - NC: 2025:KHC:46735 MFA No. 8375 of 2013

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HC-KAR

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The claim petition is filed by the claimant under

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section 166 of the MV Act, claiming compensation of Rs.20,00,000/- on account of injuries caused in road traffic accident.

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On 13.09.2010 at about 11.30 P.M., the

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claimant/appellant was traveling in a tempo traveler bearing No.KA-13-8573 from Kadalugate to Electronic City, Bangalore on Hosur service road. The driver of the tempo traveler, drove in a high speed in a rash and negligent manner without following traffic rules and hit against the Omni bearing No.KA-51-9744 and crashed against the BESCOM side electric poles. Due to the said accident, the claimant sustained grievous injuries.

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Due to the said impact, the claimant was treated in emergency ward in the Manipal Hospital, Bangalore and after that she was inpatient for four months in the same hospital. The claimant was advised bed rest by the doctor for a period of one year and spent more than Rs.5,00,000/- towards medical expenses, conveyances

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4 - NC: 2025:KHC:46735 MFA No. 8375 of 2013

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HC-KAR

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and food and nourishment. Due to the grievous injuries suffered from the accident, she has become permanent disabled person.

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After service of notice, though the respondents No.1 and 2 appeared, but failed to file the written statement. However, the tribunal awarded compensation of Rs.1,54,385/- under different heads, together with interest at 6% per annum.

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The appellant/claimant filed IA No.1/2019 for production of additional documents before this Court. The claimant stated in accompanying affidavit that default in production of the evidence was for bona fide reasons. She further stated that it is essential to lead the additional evidence to bring facts and also lost substantial income during her hospitalization as well future income due to the accident.

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Learned counsel for the appellant and learned

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counsel for respondent No.1 present.

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Heard learned counsel on either side.

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5 - NC: 2025:KHC:46735 MFA No. 8375 of 2013

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HC-KAR

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On hearing the submissions on either side, it appears that the learned counsel for the appellant filed IA No.1/2019 along with additional documents.

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In view of the same, the impugned order dated 10.06.2013 passed by XII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore in MVC No.130/2011 is set aside and the matter is remanded back to the Tribunal for fresh consideration. In view of the foregoing discussions, the tribunal is directed to provide opportunity to the parties to mark all the documents and for adducing evidence. It is observed that the matter has to be remanded back to the Tribunal for fresh consideration and the Tribunal is directed to dispose of the case as expeditiously as possible within a period of six months from the date of reopening the matter.

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With the above direction, this MFA is disposed of .

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Sd/(DR.K.MANMADHA RAO) JUDGE

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GSR/BNV,List No.: 1 Sl No.: 21

Miss. Sowmya S.V. v. Royal Sundram Alliance Insurance Company Limited

Case brief

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Miss. Sowmya S.V. v. Royal Sundram Alliance Insurance Company Limited

Case brief

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