Karnataka High Court
Smt. Savithri @ Savitri Kadakol @ ... vs Sri. Dheeraj N T on 22 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:7593
MFA No. 6883 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.6883 OF 2019 (MV-I)
BETWEEN:
SMT. SAVITHRI @ SAVITRI KADAKOL @
SAVITHRI SANGONDAPPA KADOKOL,
W/O. SANGOND @ SANGONDAPPA KADAKOL,
AGED ABOUT 58 YEARS,
R/AT HONNAHALLI VILLAGE AND POST,
BIJAPUR TALUK AND DISTRICT, KARNATAKA,
NOW R/AT NO. 672,HILL SIDE LAYOUT,
AMBEDKAR NAGAR MAIN ROAD,
BEHIND HDFC BANK,
HOPEFARM, WHITEFIELD,
BANGALORE - 560 066
...APPELLANT
(BY SRI. A. K. BHAT, ADVOCATE)
Digitally signed by JAI
JYOTHI J
Location: HIGH AND:
COURT OF
KARNATAKA
1. SRI. DHEERAJ N T
S/O. HANUMANTHAPPA,
R/AT TAMATAKALLU VILLAGE,
CHITRADURGA TALUK AND DISTRICT,
KARNATAKA.
2. THE LEGAL MANAGER
M/S. SRIRAM GEN. INS. CO., LTD,
NO. 4/5, 3RD FLOOR,
SV ARCADE, BELEKAHALLI MAIN ROAD,
OPP. B G ROAD,
IIM POST,
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NC: 2024:KHC:7593
MFA No. 6883 of 2019
BENGALURU - 560 076.
3. SRI. SIDDAPPA H HILLI,
S/O. HANUMANTHA,
R/AT TADAVALAGA VILLAGE AND POST,
(GANAVALAGA) INDI TALUK,
BIJAPUR DISTRICT, KARNATAKA.
...RESPONDENTS
(BY SRI. B. C. SHIVANNE GOWDA FOR R2;
R1 AND R3 SERVED UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 06.03.2019 PASSED IN
MVC NO.3353/2017 ON THE FILE OF THE COURT OF SMALL
CAUSES, MEMBER, MACT, BENGALURU (SCCH-15), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the claimant seeking enhancement of compensation awarded by the MACT, Bengaluru, vide judgment and award dated 06.03.2019 in MVC No.3353/2017.
2. The factum of accident, injuries sustained by the claimant and coverage of insurance are not in dispute.
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NC: 2024:KHC:7593 MFA No. 6883 of 2019
3. Heard the arguments of both sides and perused the materials on record.
4. Learned counsel for the appellant has filed I.A.No.1/2024 under Order 41 Rule 27 of CPC for leading additional evidence in the appeal and the appellant be referred to Medical Board at NIMHANS, Bengaluru, to assess the subsisting disability.
5. Learned counsel for the appellant submitted that due to injuries sustained the appellant is suffering from paraplegia, but before the Tribunal the doctor is not examined though appellant was suffering from paraplegia. Resultantly, a meager compensation of Rs.50,000/- is awarded under the head 'loss of physical permanent impairment'. The appellant/claimant has filed an affidavit deposing that she is suffering from paraplegia and suffering 100% functional disability and therefore, to prove this she desires to lead additional evidence in the appeal.
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NC: 2024:KHC:7593 MFA No. 6883 of 2019
6. Considering the injuries sustained and submission made by the learned counsel for the appellant, when it is a case put forth by the appellant that she is suffering paraplegia and no compensation is awarded under the head 'loss of future income due to disability', the Court finds that matter is required to be remanded to the Tribunal enabling the appellant to lead evidence on the physical and functional disability. Therefore, on substantial justice the case is remanded to the Tribunal by setting aside the judgment and award passed by the Tribunal and the appeal is liable to be allowed.
Accordingly, I proceed to pass the following:
ORDER
(i) I.A.No.1/2024 is allowed and the appeal is disposed of.
(ii) The judgment and award dated 06.03.2019 passed by the MACT, Bengaluru in MVC No.3353/2017 is hereby set aside.-5-
NC: 2024:KHC:7593 MFA No. 6883 of 2019
(iii) The matter is remanded to Tribunal for fresh consideration in accordance with law.
(iv) All contentions of both parties are left open.
(v) Both parties are at liberty to adduce either oral or documentary or both, if so desired.
(vi) The Tribunal is directed to refer the appellant to Medical Board, NIMHANS, Bengaluru, for assessment of disability and after receiving report from Medical Board and considering the evidence on record dispose of the case afresh in accordance with law.
(v) Parties are directed to appear before the Tribunal on 21.03.2024 without expecting notice from the Tribunal. -6-
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(vi) The Tribunal shall dispose of the case within a period of six months from 21.03.2024.
(vii) No order as to costs.
Sd/-
JUDGE DR List No.: 1 Sl No.: 101