Karnataka High Court
Jayappa vs District Health Welfare Officer on 29 August, 2023
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NC: 2023:KHC:30915
MFA No. 1114 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 1114 OF 2014 (MV-D)
BETWEEN:
1. JAYAPPA,
S/O LATE THIPPANNA,
AGED ABOUT 42 YEARS,
2. G. T. MANJUNATH,
S/O LATE THIPPANNA,
AGED ABOUT 34 YEARS,
3. T. MANJAMMA,
D/O LATE THIPPANNA,
AGED ABOUT 32 YEARS,
ALL ARE R/AT: GORAVINAKALLU VILLAGE,
HOSADURGA TALUK,
Digitally NOW RESIDING AT N. G. HALLI VILLAGE,
signed by
JAI JYOTHI J HOLALKERE TALUK - 577 526.
Location: ...APPELLANTS
HIGH
COURT OF
KARNATAKA (BY SRI. SUNEEL S. NARAYAN, ADVOCATE)
AND:
1. DISTRICT HEALTH WELFARE OFFICER,
GVK EMERGENCY MANAGEMENT AND
RESEARCH INSTITUTE,
STDC, HOUSING BOARD COLONY,
OPPOSITE TO GOVERNMENT UNANI
MEDICAL COLLEGE,
GMS COMPOUND, MAGADI ROAD,
BANGALORE - 560 023.
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NC: 2023:KHC:30915
MFA No. 1114 of 2014
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MMK COMPLEX, AKKAMAHADEVI ROAD,
DAVANAGERE - 577 002.
...RESPONDENTS
(BY SRI. M. U. POONACHA, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.11.2013 PASSED IN MVC
NO.224/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT, HOLALKERE, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimant aggrieved by the Award dated 05.11.2013 passed in M.V.C.No.224/2012 by the Senior Civil Judge and Addl. MACT, Holalkere.
2. This matter is listed today under the caption for final hearing and there is no representation on behalf of the appellant. Learned counsel for the respondent - insurance company is present. As this is an appeal of the year 2014, this Court is inclined to proceed on the merits of the matter.
3. The claim petition is filed seeking compensation of an amount of Rs.13,50,000/- for the death of the deceased in -3- NC: 2023:KHC:30915 MFA No. 1114 of 2014 the road traffic accident. The case of the claimant is that on 10.01.2012 at about 5:30 p.m., the deceased was walking as pedestrian by observing traffic rules, in front of APMC market, Huliyar road, in Hosadurga town. At that point of time, the driver of the offending vehicle i.e., tempo traveler drove the same in rash and negligent manner with high speed and without following traffic rules and dashed against him, as an impact of the same he had sustained simple and grievous injuries all over the body. He was shifted to Government hospital and after taking first aid treatment, he was shifted to his house due to financial problems. On 13.01.2012 at about 8:30 a.m., while he was being taken to the hospital, he died on the way. Due to that they have lost the earning member of the family. He was working as a coolie and earning an amount of Rs.10,000/- per month.
4. Before the Court below in support of their case, claimants have examined PW.1 and 2, on behalf of the respondents RW.1 was examined. Ex.P.1 to P.6 are marked and on behalf of the respondents Ex. RW.1 is marked. As per the wound certificate, the injuries are abrasion over left elbow on external side 1x2 cms, abrasion over right both toes 0.05 cm, abrasion over right elbow exterior side 1 cm size and blood -4- NC: 2023:KHC:30915 MFA No. 1114 of 2014 injury to low back. The doctor during the course of evidence in the chief affidavit has stated that he died because of the injuries caused in the accident which is contrary to the Post Mortem report. He has also admitted in the cross-examination that in any document he has not mentioned that "thrombosis has caused the death" and even in Ex.P.7 i.e. Post Mortem report, it is stated that all organs were intact and "death is due to myocardial infection" and it is no where stated in any of the medical documents that it was due to accidental injuries. The Court observed that there are no signs of injury caused on chest and abdomen portion of the body. As there was no nexus between the cause of death and injuries that are caused in the accident, the Tribunal has dismissed the claim petition. The Court below has further observed that just because it is a beneficial legislation, it cannot be converted into a benevolent legislation to claim the compensation from the insurance company which is dealing with the public money.
5. Learned counsel for the respondent - insurance company submits that as there is no nexus between the cause of death and injuries that are caused in the accident, the Tribunal has rightly dismissed the petition. -5-
NC: 2023:KHC:30915 MFA No. 1114 of 2014
6. This Court having heard the learned counsel for respondent had perused the entire material on record. The accident had taken place on 10.01.2012. The complaint was given on 12.01.2012. He is the father of the claimant and he died on 13.01.2012 at home. Even according to them after the accident, he was taken to the hospital where he had taken first aid and came back home. However, it is stated that because of the financial conditions they came home and while they were taking him to the hospital he died. The Court below rightly held that there is no nexus between the injuries, death and the accident. The injuries that are sustained are simple injuries and it cannot be held that those injuries caused the death. As per the post mortem report, the death is due to myocardial infection. The Court below has rightly dismissed the claim petition. This Court finds no reason to interfere with the same.
7. Accordingly, the appeal is dismissed.
SD/-
JUDGE MEG List No.: 1 Sl No.: 40 CT: BHK