Sri Ningachar vs Sri Mariswamy on 15 March, 2013

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Karnataka High Court

Sri Ningachar vs Sri Mariswamy on 15 March, 2013

Bench: N.Ananda

                             1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 15TH DAY OF MARCH 2013

                         BEFORE

           THE HON'BLE MR.JUSTICE N.ANANDA

                 M.F.A. No.2782/2012 (MV)
BETWEEN:

SRI NINGACHAR
S/O NANJACHAR @ VEERABHADRACHAR
AGED ABOUT 65 YEARS
R/O. HALEKOTE VILLAGE
H.N.PURA TALUK
NOW R/O OPP. TO NDRK COLLEGE
UDAYAGIRI, HASSAN.                       ... APPELLANT

(BY SRI SUMANTH L BHARADWAJ, ADV.)

AND :

1.    SRI MARISWAMY
      S/O. SIDDEGOWDA, MAJOR
      R/O. GUNDEGOWDANAKOPPALU
      HASSAN TALUK AND DISTRICT

2.    THE MANAGER
      M/S. BAJAJ ALLAINZ GEN. INS. CO. LTD
      II FLOOR, SRI. LAKSHMI COMPLEX
      OPP. B.S.N.L BHAVAN
      B.M. ROAD, HASSAN.                  ... RESPONDENTS

(BY SRI M VINAYA KEERTHY, ADV. FOR R1; SRI H S LINGARAJU,
ADV. FOR R2)

      THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V.
ACT TO SET ASIDE THE JUDGMENT AND AWARD DATED
11.01.2012 PASSED IN MVC NO.813/2010 ON THE FILE OF THE
ADDITIONAL DISTRICT JUDGE AND MACT II, HASSAN,
DISMISSING THE CLAIM PETITION & ETC
                                 2




     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                             JUDGMENT

The tribunal has dismissed the claim petition. Therefore, the claimant is before this court. As per averments of claim petition claimant was injured in a motor vehicle accident that took place on 11.05.2010 about 7.10 a.m., in front of Iqbal Provision store at Halekote within Hassan City limits. He was hit by Maruti Omni car bearing registration No.KA-13/M-4227 which was insured with second respondent. The claimant was treated in Mangala hospital at Hassan.

2. The medical records and evidence of Dr.Abdul Basheer (PW.2) would reveal that claimant was admitted in Mangala hospital on 12.05.2010.

PW.2-Dr.Basheer has deposed; at the first instance, claimant was treated in S.C.Hospital (Government Hospital at Hassan) and thereafter, he had been referred to Mangala Hospital.

3. It is not stated in claim petition that claimant was treated in S.C.Hospital (Government Hospital at Hassan). The claimant had not produced the wound certificate or accident register extract maintained in S.C.Hospital at Hassan. The claimant has not explained as to where he was staying after the accident till he was admitted in Mangala Hospital at 7.00 p.m., on 12.5.2010. The claimant should have produced the wound certificate to establish that after the accident till he was admitted in Mangala Hospital he was treated in S.C.Hospital at Hassan. The tribunal noticing these discrepancies has dismissed the claim petition.

4. On reconsideration of the matter, I do not find any reasons to interfere with the impugned award. The appeal is accordingly dismissed.

Sd/-

JUDGE Np/-

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