Karnataka High Court
Sri. K.S. Muralidhar vs Smt. R. Subbulakshmi on 12 August, 2014
Bench: N.K.Patil, B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF AUGUST 2014
PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
M.F.A. NO. 6374 OF 2011 (MV)
BETWEEN:
SRI. K.S. MURALIDHAR
AGED 39 YEARS
S/O K S SAMPATH KUMAR
R/AT 3/13, 1ST FLOOR,
3RD CROSS, BSK 3RD STAGE,
HOSKEREHALLI,
BANGALORE- 85
... APPELLANT
(By Sri. K.T.GURUDEVA PRASAD, ADV.)
AND
1. SMT. R. SUBBULAKSHMI
W/O RADHAKRISHNAN
AGED ABOUT 37 YEARS
R/AT NO.25, RAMANUJAM STREET,
RAJAKADAI, TIRUVALLUR
DISTRICT TAMIL NADU 600 019
(OWNER OF LORRY BEARING
NO. TN-04-D-1047)
2. THE NEW INDIA ASSURANCE CO. LTD.,
R.O.NO.2B, UNITY BUILDING,
2
ANNEX MISSION ROAD,
BANGALORE -27
REP BY ITS REGIONAL MANAGER
(INSURER OF LORRY BEARING
NO. TN-04-D-1047)
... RESPONDENTS
(BY SRI.C.R.RAVISHANKAR FOR SRI.RAVI S.SAMPRATHI,
ADV. FOR R-2; R1-NOTICE DISPENSED WITH V/O
DT.15.7.2013)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:10.02.2011 PASSED
IN MVC NO.3955/2009 ON THE FILE OF THE IX
ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT-7,
COURT OF SMALL CAUSES, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, N.K.PATIL J., DELIVERED THE FOLLOWING:-
JUDGMENT
The appellant assailing the impugned Judgment and award dated 10.02.2011 passed by the learned IX Addl. Senior Civil Judge, Member, MACT-7, Court of Small Causes, Bangalore in MVC No.3955/2009, awarding compensation of Rs.24,21,000/- with interest at the rate of 6% p.a., has presented this appeal.
2. Brief facts of the case are, the appellant, aged about 37 years, was hale and healthy, prior to the 3 accident. He met with an accident on 22.8.2008 at about 5.30 a.m. when he was travelling in a Tempo Traveller bearing Registration No.KA-02-D-9626, due to which he sustained grievous injuries and was hospitalized and had to undergo surgery. As on the date of the accident, the appellant was working as Asst. Team Leader and also LIC agent. It is the case of the appellant that the accident occurred due to rash and negligent driving by the driver of the vehicle, which was insured with the insurer. On account of grievous injuries sustained in the accident, the appellant is in vegetable state and totally immobilized and has to be attended by an Assistant for his daily routine work. Taking all these factors into consideration, he claimed compensation against the owner and the insurer by filing a claim petition. The Tribunal after assessing the evidence, both oral and documentary, allowed the same, but erred in assessing the income of the appellant. Hence, the appellant was constrained to file an application for production of additional document i.e., 4 Form No.16 under Rule 31(1)(a) of the Income Tax Act, 1961 in respect of tax deducted at source from the income chargable under the head 'Salary'. Learned counsel for the appellant submits that the said documents could not be produced before the Tribunal due to lack of knowledge and communication between the counsel and claimant. Hence, the appellant felt necessitated to file this appeal.
3. We have heard Sri.K.T.Gurudeva Prasad, learned counsel for the appellant and Sri.C.R.Ravishankar, learned counsel for the 2nd respondent.
4. During the course of submission, learned counsel for both the parties fairly submit that the matter requires reconsideration and therefore, the matter be remanded back to the Tribunal to enable the parties to adduce additional oral and documentary evidence to establish the exact income of the appellant 5 as on the date of the accident based upon Form No.16, which was not inadvertently produced before the Tribunal.
5. In view of the submission of the learned counsel appearing for both the parties, without going into the merits or demerits of the case, we allow the appeal. The impugned Judgment and award dated 10.02.2011 passed by the learned IX Addl. Senior Civil Judge, Member, MACT-7, Court of Small Causes, Bangalore in MVC No.3955/2009 is hereby set-aside and the matter stands remanded to the Tribunal for consideration afresh, in accordance with law and pass orders after affording an opportunity to the parties to produce additional evidence, both oral and documentary, if any, as expeditiously as possible, within eight months from the date of appearance of the parties before the Tribunal.
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Parties are at liberty to file necessary applications before the Tribunal within four weeks from the date of receipt of a copy of this Judgment. Parties are directed to be present before Tribunal on 8.9.2014 at 11 a.m., to collect further dates of hearing.
If the learned counsel for the appellant files a memo seeking return of Form-16 filed along with the application, office is directed to return the same, forthwith.
Since the matter is remanded, IA-I/13 for additional documents is disposed of as having become infructuous.
SD/-
JUDGE SD/-
JUDGE ln.