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The Divisional Maanger, M/S. New India Assurance Co. Ltd.,Bellary, Repted. by B.R. Shankars & Others v/s Keshamma Huliyappa & Others

    MFA Nos. 20196, 22685 of 2012

    Decided On, 16 September 2021

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE V. SRISHANANDA

    For the Appearing Parties: S.V. YAJI, Miss Soubhagya, Y. Lakshmikant Reddy, Advocates.



Judgment Text

(Prayer: This MFA is filed Section 173(1) of MV Act 1988, against the judgment and award dtd:03-10-2011 passed in MVC No.417/2010 on the file of the member, MACT-II, Bellary, awarding the compensation of Rs.3,83,000/- with interest at the rate of 6% p.a., from the date of petition till its deposit.

This MFA is filed Section 173(1) of MV Act 1988, against the judgment and award dtd:03-10-2011 passed in MVC No.417/2010 on the file of the member, MACT-II, Bellary, awarding the compensation of Rs.3,83,000/- with interest at the rate of 6% p.a., from the date of petition till its deposit.)

1. These two appeals are filed by the Insurance Company as well as the claimants challenging the validity of the judgment and award passed in MVC No.417/2010 on the file of the Addl. MACT, Ballari dated 03.10.2011.

2. The matters are at the stage of admission.

3. Heard Sri.S.V.Yaji and Miss.Soubhagay representing on behalf of Sri.Y.Lakshmikant Reddy.

4. The brief facts of the case are as under:

A claim petition came to be filed under Section 166 of the Motor Vehicles Act contending that on 20.03.2009 at about 06.30 p.m. near Grama Panchayat Office, SH-19 Road, Rampur, Nayakara Huliyappa was proceeding as a pedestrian and a lorry bearing No.KA-01/C-6738 came from Ballari side in a rash and negligent manner and dashed against Nayakara Huliyappa, whereby he fell down and sustained grievous injuries. He was shifted to VIMS Hospital, Bengaluru for treatment and after discharge from the hospital, he was again admitted on 08.10.2009 and he died on 09.10.2009 in VIMS Hospital. Having lost the bread winner, the claimants being the dependants of Nayakara Huliyappa laid a claim for awarding suitable compensation.

5. The claim petition was resisted by filing written statement. The Tribunal raised necessary issues and after considering the oral and documentary evidence on record, allowed the claim petition in a sum of Rs.3,83,000/- as the compensation with interest at 6% p.a. from the date of petition till realisation.

6. Insurance Company is in appeal on the ground that there is no nexus between the death and the accidental injuries sustained by Nayakara Huliyappa, whereas, claimants sought for enhancement of the compensation on the ground that Tribunal has not taken proper income.

7. In the case on hand, the evidence of PW2, the Doctor, who treated the deceased, when he was admitted to VIMS Hospital with a complaint of low Blood Pressure, jaundice and septicemia in the leg. The Doctor has specifically stated that the death of the deceased is on account of septicemia resulting from accidental injuries. Therefore, the Tribunal recorded a categorical finding that the claimants have been successful in establishing the nexus between the death and the accidental injuries. Therefore, the contentions urged on behalf of the Insurance Company cannot be countenanced in law.

8. Insofar as the quantum of compensation is concerned, the Tribunal, as the law existed as on the date of passing the award, awarded a suitable compensation. Therefore, this Court does not find any serious legal infirmity in the quantum of compensation. Accordingly, the following order is passed.

ORDER

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r /> Appeal filed by the Insurance Company is allowed in part. Appeal filed by the claimants is hereby dismissed. Amount in deposit, if any, is ordered to be transmitted to the Tribunal. Balance amount is to be deposited by the Insurance Company within a period of four weeks from the date of receipt of certified copy of this order.
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