Karnataka High Court
Sri Devaraj K S/O Late Jayaram Reddy vs Manjunath G K S/O Late G Kuberappa on 20 March, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE N K SUDHINDRARAO
MFA No.4986/2012 c/w MFA No.9314/2012
In MFA No.4986/2012
BETWEEN:
Sri. Devaraj K, 38 years
S/o Late Jayaram Reddy
R/o 5th Cross, 1st Stage
Taralabalu Badavane
Davanagere - 577001. ... Appellant
(By Sri. Yathish J.Nadig, Advocate- absent)
AND:
1. Manjunath G.K, 33 years,
S/o Late G.Kuberappa,
R/o Shyglae Village,
Davanagere Taluk -577001.
Owner cum rider of Honda Shine
2. The Divisional Manager
New India Assurance Company Ltd
C.G.Hospital Road
A.M.Arcade Davanagere -577002 ... Respondents
(By Sri. O.Mahesh, Adv for R-2
R-1 served)
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In MFA No.9314/2012
BETWEEN:
Divisional Manager
New India Assurance Co., Ltd.,
C.G.Hospital Road, A.M.Arcade,
Davanagere -577002,
By its Manager, Regional Office,
III Party Hub, Mahalaxmi Chambers,
M.G.Road, Bangalore -01 ... Appellant
(By Sri. O. Mahesh, Advocate- absent)
AND:
1. Sri. Devaraj K, 40 years
S/o Late Jayaram Reddy
R/o 5th Cross, 1st Stage
Taralabalu Badavane
Davanagere - 577001.
2. Manjunath G.K, 35 years,
S/o Late G.Kuberappa,
R/o Shyglee Village,
Davanagere Taluk -577001. ... Respondents
(Notice to R-1 Held sufficient; R-2 served)
These MFAs are filed U/s 173(1) of MV Act against
the Judgment and award dated:21.12.2011 passed in MVC
No.1183/2010 on the file of the II Additional District
Judge, MACT, Davanagere, partly allowing the claim
petition for compensation and seeking enhancement of
compensation.
These MFAs coming for admission this day, the court
delivered the following:
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JUDGMENT
These are the two appeals. Counsel for the appellants and the respondents are absent. No representation. The matter is coming up for admission. I have perused the records and proceeding for disposal.
2. The appeal is directed against the judgment and award passed by the learned II Addl. District Judge and MACT III at Davanagere. In order to avoid confusion and overlapping, the parties are referred with reference to their ranking and status as stated before the Tribunal.
3. The incident that gave rise initially is that on 28.08.2010, at 2:30 PM, the petitioner was going on the left side of road at Davanagere in front of Medplus store on Hadadi Road, a speedy motorcycle bearing Registration No.KA17-EB 9948, dashed the complainant because of which, he sustained severe injuries on his left hand and other parts of the body, he took treatment in various hospitals, incurred expenditure of Rs.8,000/-. It is also stated that in the pre-accident period, he was hale and 4 healthy and was earning Rs.8,000/- per month, because of the accident, he not only sustained injuries but also crippled in. Manjunath/respondent No.1 is the owner of the offending vehicle and insurance company is respondent No.2. The details of the injuries suffered by the appellant as stated above, leading to 20 % disability. In this connection, the learned Member has accepted the disability at 20 %, thus, Rs.1,08,000/- is considered as future loss of income and however, disability is considered as 20 % to the entire body. However, the limb disability is stated as 35 %. In the overall context and circumstances of the case, compensation granted of Rs.1,93,500/- is claimed to be insufficient. The objection by the Insurance Company is that it was not accident and had reliance on the reference from the hospital to the effect that it is not an accident. The hyper technicality of the medical documents cannot be accepted. The logical and face value with reference to the meaning and interpretation are to be made. Thus in the circumstances, Rs.1,93,500/- is claimed to be loss, on the other hand, insurance company asserts that it is not liable for any amount.
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4. Both the learned counsels for appellant and respondents have abandoned the case and are not present.
5. I do not find any merit in admitting either of the appeals. Both the appeals are rejected.
The judgment and award passed by the Tribunal stands confirmed and the compensation is Rs.1,93,500/- is considered as global compensation.
Sd/-
JUDGE CBC/BVK