Manjushetti @ Manju Vs the Manager

THE MANAGER ORIENTAL INSURANCE CO LTD., SHANTHA MANSIONS, GROUND FLOOR, MADHU MEDICAL, TEMPLE ROAD, BELUR BY THE MANAGER ORIENTAL INSURANCE CO LTD., S.S.COMPLEX, SHBUASH SQUARE, HASSAN

¶12

BY Digitally signed THE ORIENTAL INSURANCE CO. LTD., by REGIONAL OFFICE, 2^ND FLOOR, PADMASHREE SUMANGALA COMPLEX, SHEKHAR LAMINGTON ROAD, HUBLI-580 020, DESAI BY IT’S MANAGER

¶13

Location: High Court of Karnataka

¶14

(BY SRI. O MAHESH., ADVOCATE)

¶15

…APPELLANT

¶16

AND:

¶17

MANJUSHETTI @ MANJU AGED ABOUT 30 YEARS, S/O THIMMASHETTY, HARAGONDANAHALLI VILLAGE,

¶18

2 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶19

HC-KAR

¶20

HOLENARASIPURA TALUK PRESENTLY RESIDING AT BYRAPURA VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 201.

¶21

KUMARA B N MAJOR S/O NANJEGOWDA B.S NO.62, BIKKODU VILLAGE AND POST, BELUR TALUK, HASSAN DISTRICT-573 201.

¶22

…RESPONDENTS

¶23

(BY SRI. GIRISH B BALADARE., ADVOCATE FOR R1, SRI. B.M. AKANDESHWARA, ADVOCATE FOR R2)

¶24

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 13.7.2016 PASSED IN MVC NO.1276/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, AWARDING A COMPENSATION OF RS.1,89,706/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.

¶25

IN MFA NO. 1989/2019

¶26

BETWEEN:

¶27

MANJUSHETTI @ MANJU S/O THEMMASHETTI, AGED ABOUT 33 YEARS, HARAGONDANAHALLI VILLAGE, HOLENARASIPURA TALUK, PRESENTLY R/AT BYRAPURA VILLAGE, KASABA HOBLI, ALUR TALUK, HASSAN DISTRICT-573 201.

¶28

...APPELLANT

¶29

(BY SRI. GIRISH B BALADARE ., ADVOCATE)

¶30

3 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶31

HC-KAR

¶32

AND:

¶33

THE MANAGER THE ORIENTAL INSURANCE CO.LTD., SHANTHA MANSIONS, GROUND FLOOR, MADHU MEDICAL, TEMPLE ROAD, BELUR TALUK, HASSAN DISTRICT-573 201, REPERSENTED BY THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., SS.COMPLEX, SUBASH SQUARE, HASSAN-573 201.

¶34

KUMARA B N S/O NANJEGOWDA, MAJOR, B.S.NO.62, BIKKODU VILLAGE AND POST, BELUR TALUK, HASSAN DISTRICT-573 201.

¶35

...RESPONDENTS

¶36

(BY SRI. O.M MAHESH., ADVOCATE FOR R1, SRI. B.M. AKANDESHARA, ADVOCATE FOR R2)

¶37

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 13.07.2016 PASSED IN MVC NO.1276/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶38

THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 01.07.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:

¶39

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

¶40

4 -

¶41

NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶42

HC-KAR

¶43

CAV JUDGMENT

¶44

MFA No.7736/2016 is filed by the

¶45

appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 for setting aside the judgment and award dated 13.07.2016 passed in MVC No.1276/2025 on the file of the II Addl. District and Sessions Judge and Addl. MACT, Hassan (herein after referred to as ‘Tribunal’) . MFA No.1989/2019 is filed by the appellant/claimant for modifying the said judgments passed by the Tribunal and for enhancement of the compensation.

¶46

Heard the arguments of the learned counsel for the appellants and respondents in both the matters. The ranks of the parties are retained as per tribunal for the sake of convenience.

¶47

The Injured claimant met with an accident on 12.04.2015 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire

¶48

5 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶49

HC-KAR

¶50

evidence on record granted an amount Rs.1,89,706/-

¶51

along with interest at the rate of 6% per annum from the date of petition till the date of payment.

¶52

Aggrieved by the said order Insurance Company preferred the appeal and mainly contended that there was no compliance of mandatory provisions of Section 134(c) and section 158(6) of the MVA Act both by insured and concerned Investigating police officer, the insurer were kept in darkness regarding the accident. The insured colluded with the claimant and did not choose to enter into any defence. The first information and complaint filed under Ex.P1 was given by the injured and his statement was also recorded on 13.04.2015 and it was registered at 04.00 p.m. for an offence under Sections 279 and 337 of IPC. Ex.P2 is the police intimation by the hospital on 12.04.2015 with just information of road traffic accident, without type of vehicle or number of vehicle and it was received by concerned police on 13.04.2015. The time of

¶53

6 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶54

HC-KAR

¶55

the intimation is not given. Ex.P3 is the spot mahazar dated 14.04.2015, in which it was stated that complainant was present at the spot. But as per the medical records, he was hospitalized from 12.04.2015 to 20.04.2015 .

¶56

Exs.P6 and P7 are contradictory to each other and explanation for wound certificates was not provided. IMV reports filed under Exs.P10 and P11 were with a time gap of nearly 2 months and it creates doubt. But the tribunal granted Rs.1,89,706/- at the rate of 6% p.a., erroneously. Thus requested the court to set aside the said judgment and award.

¶57

Aggrieved by the said award and judgment passed by the tribunal, the claimant also filed MFA No.1989/2019 for enhancement, in which it is contended that the tribunal granted meagre amounts under the other heads. He was inpatient for 6 days and spent Rs.2,00,000/towards medical expenses.

¶58

PW1/doctor assessed the permanent disability as 20.4% to

¶59

7 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶60

HC-KAR

¶61

the right lower limb. The claimant was doing business and earning Rs.10,000/- per month and thus requested for enhancement of the compensation.

¶62

The manner of accident shows that on 12.04.2015

¶63

while petitioner along with his friend Ramesh were travelling on a motorbike bearing Reg.No.KA-18-K009 near Mukkunduru Village, the driver of Maruthi Omni car bearing Reg.No.KA-02-P-9183 came in a rash and negligent manner and dashed the motorbike. Immediately he was admitted in the Government Hospital, Hassan. On the advice of the doctor, he was shifted to Sanjeevani Co-operative Hospital and Medical Education and Research Institution, Ltd., Hassan. He was inpatient for one month. He spent Rs.2,00,000/- towards medical expenses. It is stated that the accident occurred due to the rash and negligence of the driver of the Maruthi Omni vehicle and charge sheet is also filed against the said vehicle. After service of notice, first respondent did not file

¶64

8 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶65

HC-KAR

¶66

any written statement and Insurance Company in their written statement denied the place, date and time and cause of accident and also disputed age, income, occupation and nature of injuries and medical expenses and the manner of accident. It is stated that there is delay of one day in filing the complaint. The driver of the Maruthi Omni car was not at all involved in the accident. Hence, Insurance Company is not liable to pay the compensation.

¶67

It is further stated that the driver of the Omni car

¶68

has no valid driving licence and the rider of the motorbike without following traffic rules made the accident and so they are not liable to pay the compensation. The Development Officer is examined as RW1 and furnished Exs.R1/Authorisation letter and R2/MLC Extract. It was observed by the trial court that Ex.R.2/MLC extract dated 12.04.2015, issued by Casualty Medical Officer of Shivara Shivappa Memorial Hospital, Hassan after seeing the

¶69

9 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶70

HC-KAR

¶71

injured/petitioner, he referred the injured to surgery. Therefore, the contention of the Insurance Company that he only sustained simple injury cannot be accepted. He was admitted in Sanjeevini Co-operative Hospital and Medical Education and Research Institution Ltd., Hassan on 14.04.2015 at 10.00 a.m., and Exs.P8 & 9 are the discharge summaries. He sustained fracture over shaft of femur right thigh and was operated on the same day. Exs.P18 and 19 shows that there was open fracture over left shaft of right femur, as per the wound certificate issued under Ex.P6, dated 19.5.2015. Also another wound certificate was issued by the same hospital under Ex.P7 on 31.08.2015. The tribunal observed that the accident occurred due to negligence of the driver of the Maruthi Omni.

¶72

Learned counsel for the Insurance Company contended that the petitioner has not complied with the mandatory provisions of Section 134(c) and 158(6) of the MVA Act and also disputed the above issues under Exs.P1

¶73

10 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶74

HC-KAR

¶75

to P3, Exs.6 and 7 and also Exs.10 and 11.

¶76

As per Ex. P7/wound certificate issued by the Hospital at Hassan, reveals that the petitioner sustained following injuries, (1) Comminuted # shaft of right femur, (2) Lacerated wound over right thigh, and (3) Tenderness over right shoulder , the injury No.1 is grievious in nature and rest of the injuries are simple in nature.

¶77

It is argued by the learned counsel for the claimant that in Ex.P6, the injuries are shown as simple in nature , but the same hospital gave another wound certificate showing as grievous injuries. The Tribunal observed that the policy was in existence as on the date of accident and the second respondent has not furnished any documentary evidence to prove that there was violation of terms and conditions of the policy and tribunal directed the Insurance Company to deposit the amount. The petitioner filed copy of FIR and complaint under Ex.P1, the police intimation under Ex.P2, but not filed charge sheet for the reasons

¶78

11 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶79

HC-KAR

¶80

best known to him. Ex.P1/Copy of FIR and complaint was recorded on 13.04.2015 at 04.00 p.m., and as per Ex.P2, police intimation was given on 12.04.2015 and the time is not mentioned. It is further observed that under Ex.P3/spot panchanama dated 14.04.2015, the time of preparation was not stated and it was also stated that the complainant was present at his house. In fact, he was hospitalized from 12.04.2015 to 20.04.2015. Therefore, his presence under Ex.P3/Spot panchanama is not established. There is variance regarding nature of injuries in two wound certificates filed under Exs.P6 and P7 and so also two IMV reports which are filed under Exs.P10 and P11 with a gap of two months. The petitioner examined the doctor as PW2 and he relied upon Ex.P7 and stated that the petitioner sustained disability of 20.4%. The Tribunal already held that he sustained fracture injury and relied upon Ex.P7 and also relied upon the medical evidence examined by PW2. The Insurance Company disputed the involvement of the Omni car bearing

¶81

12 - NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶82

HC-KAR

¶83

Reg.No.KA-02-P-9183 and also contended that there was variation in the date of accident and time, in all the relevant documents. It is for the petitioner counsel to prove the manner of accident, involvement of vehicle and negligence of the rider of the offending vehicle, but they failed to do so. Tribunal held that the accident occurred due to the rash and negligence of the driver of the vehicle as charge sheet is filed under Ex.P12. Mere filing of charge sheet is not sufficient to claim compensation in cases of accident. The award of tribunal is not on proper appreciation of facts and is set aside.

¶84

MFA No.7736/2016 filed by Insurance Company is

¶85

allowed and MFA No.1989/2019 is hereby dismissed .

¶86

The order of the tribunal dated 13.07.2016 passed in MVC No.1276/2025 on the file of the II Addl. District and Sessions Judge and Addl. MACT, Hassan is hereby set aside.

¶87

NC: 2026:KHC:35860 MFA No. 7736 of 2016 C/W MFA No. 1989 of 2019

¶88