Karnataka High Court
Minor Ramesh S/O Ravikumar vs Govindappa on 27 June, 2022
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MFA No. 22835 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO. 22835 OF 2010 (MV-I)
BETWEEN:
MINOR RAMESH S/O RAVIKUMAR
AGE: 9 YEARS, OCC: STUDENT,
SINCE MINOR REP: BY HIS NATURAL GUARDIAN
FATHER, SRI. RAVIKUMAR S/O BHEEMAPPA,
AGE: 38 YEARS, OCC: COOLIE,
R/O KARIGANUR QUARTERS, NEAR MAREMMA TEMPLE,
KARIGANUR, TQ.HOSPET, DIST. BALLARY
AT PRESENT R/O. KUDITHINI VILLAGE,
TQ AND DIST.BELLARY.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
1. GOVINDAPPA
AGE: MAJOR, OCC: DRIVER OF THE BUS
NO. KA-01/F315, HOSPET DEPOT,
DIST. BELLARY.
2. THE DIVISIONAL CONTROLLER
OWNER OF THE BUS NO. KA-01/F315,
SIRUGUPPA ROAD,BELLARY.
SUJATA ...RESPONDENTS
SUBHASH
PAMMAR
Digitally signed by
SUJATA SUBHASH
PAMMAR
(BY SRI RAVI N. CHIKKARADDER, ADVOCATE
Location: HIGH COURT
OF KARNATAKA,
DHARWAD
FOR SRI C. B. PATIL, ADVOCATE FOR R2,
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173(I) OF M.V. ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:20.07.2009
PASSED IN MVC.NO.1275/2007, ON THE FILE OF THE III MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELLARY, PARTLY ALLOWING THE
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MFA No. 22835 of 2010
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimant, who is a minor represented by his father, calling in question the correctness of the judgment and award dated 20.07.2009 in MVC No.1275/2007 by the learned III MACT Bellary.
2. Brief facts are that on 07.08.2007 at about 3.00 p.m. while minor claimant was crossing Ballari Hospet Road, at Kariganur bus stand, a KSRTC Bus bearing registration No.KA-34/F-315 came from Ballari side driven by its driver in a rash and negligent manner and dashed against the claimant resulting in grievous injuries to him.
3. Learned Tribunal before whom only guardian of minor claimant was examined as PW.1, after appreciation of material evidence namely Ex.P.1 to P.95, allowed the claim petition awarding compensation of Rs.87,000/- with -3- MFA No. 22835 of 2010 interest thereon at 6% p.a. from the date of petition till date of payment.
4. The only contention urged before me by the learned counsel for the claimant-appellant is that claimant was a minor aged about 9 years at the time of the accident and even though he had suffered serious urethral injury, due to the ignorance and lack of literacy of the parties the medical expert was not examined and on account of the same, the learned Tribunal could not award just and reasonable compensation and therefore, claimant has suffered injustice, and therefore, the matter requires to be remanded for fresh consideration by the learned Tribunal with opportunity to the claimant to examine medical expert before the learned Tribunal.
5. Heard the learned counsel for the appellant- claimant and learned counsel for respondent-KSRTC and perused the records.
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6. Ex.P.7 is Discharge Summary issued by Vijayanagar Institute of Medical Sciences, Ballary. The said Discharge Summary reads as follows:
"DISCHARGE SUMMARY (IN DUPLICATE) NAME: RAMESH I.P.Reg. Units Age Sex Marital Religion No. Status Date of Admn: 367590 O/B 10 M - H
07.08.2007 Dt of Disch.19.08.2007 SYMPTOMS: W/O RTA e pain & Swelling in both the hips. PHYSICAL FINDINGS: Tenderness over pubic Symphysis Swelling over pubic Symphysis INVESTIGATIONS: H B - 98% TC - 6000 DC-N-64% L-34 E-2% RBS - 54 gm/dl Urea - 36 gm/dl COURSE IN HOSPITAL:
Pt was taken over to Surg dept Surg 'B' on 10.08.2007 for Complains of airdentry on left side e tachypnea & bowel sound over left basal chest?
Exploratory laprotomy Diaphramalic hernia GA was done on 11.08.2007, there was no diaphramalic rent, eventration of left hemidiapram was found other structures were normal. Abd closed in layer. Post Op period was uneventful.
Suprapubic Cyslostomy SA was done on 08.08.2007. To come to Urology AOPD after 3 weeks for stricture Urethra. DIAGNOSIS: Review in ortho OPD on Tue/Fri after 6 weeks. Advise - Bed Rest for 6 weeks Analgesim -5- MFA No. 22835 of 2010 DATE: 19.08.2007 SIGNATURE OF THE DOCTOR D'sis- pelvic # e Urethral injury e rent eventration of c diaphragm."
7. Ex.P.8 is the treatment Card issued by Vijayanagar Institute of Medical Sciences, Ballary which reads as follows:
"22.04.2007 Old case of Pelvic fracture Suprapulse Rolen collection fiter Ah Ab % -
Urw Nbs-
Orea-
Caution -
Osh Abolumn H/U Hbs Hg Cathater changed Cefixince 100gm 10 Diclomol 10 177 14.09.2007 H/o trauma (RTA) 1 Month back Pelvic # c urethral injury C rent eventration of L diaphragm SPC in situ O/E: P/A: Soft Ar Mcu Catheter changed Asu Catheter changed Review Once in 4 weeks -6- MFA No. 22835 of 2010 For # Fracture (#injury pubic remi) Advised Absolute bed rest for 6 weeks.
Treatment:
Consultation.
Referred to Surgery for needhell 14.9.2007:
C/o Constipation
- 4 days.
Advise Syp: Simulth"
8. Ex.P.9 is the requisition for Radio Graphic examination which reads as follows "Traumatic Structure Urethra
1) MCU
2) ASU"
9. It is no doubt true that no medical expert was examined to explain the disability, if any, suffered by the minor claimant on account of the injury suffered by him in the accident and in the interest of award of just and fair compensation, an opportunity needs to be given to him to lead further evidence. It need not to be stated that in such an event, respondent-KSRTC will also have full opportunity to cross examine the witnesses and also to place its own case before learned MACT. In that view of the matter, I -7- MFA No. 22835 of 2010 am of the view that the judgment and award passed by the learned MACT is required to be set-aside and the matter remitted back to it for fresh consideration in accordance with law.
10. It is open to the claimant to place further evidence including the medical evidence as he thinks fit. All contentions of both sides are kept open Parties shall appear before learned MACT on 13.07.2022 at 11.00 a.m. without further notice from the said Court. Learned MACT shall dispose off the matter on or before the 30.11.2022 in accordance with law.
11. Registry shall transmit the entire records to the learned MACT forthwith in order to facilitate the learned MACT to take up the matter on 13.07.2022.
Sd/-
JUDGE SSP